TERMS OF SERVICE

Last Updated: March 3rd 2019

Welcome to Digital Marketing Triumph LLC (DMT), a provider of Ecommerce Analytics Applications. The analytics applications, and other services (collectively, the "Service") are operated by Digital Marketing Triumph, a Florida Limited Liability Company ("the Company," “we,” or “us”). These terms of service (these “Terms”) govern your, or if you are an authorized representative of an organization, such organization’s, access to and use of the Service.

Eligibility

If you are under 13 years of age or otherwise required by applicable law to obtain parental permission to use any portion of the Service, you must have your parent or legal guardian's permission to use the Service. Please have him or her read these Terms with you. NOTICE TO PARENTS AND LEGAL GUARDIANS: By granting your child permission to use the Service, you agree to the terms of these Terms on behalf of your child. You are responsible for monitoring and supervising your child's use of the Service. If your child is using the Service and is either under 13 years of age or does not have your permission, please contact us immediately so that we can disable his or her access.

Acceptance of Terms

By accessing or using the Service, you and any organization you are authorized to represent (collectively, the "User", “you”, or “your”) signify that you read, understood and agreed to be bound by these Terms, regardless of whether you are a registered member of the Service. If you do not accept these Terms, or any changes thereof, then do not use or continue to use the Service.

Changes to these Terms

We may make changes to these Terms from time to time. If we do this, we will notify you of the changed Terms and will indicate at the top of this page the date the Terms were last changed. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Terms.

Additional Terms

Please review our Privacy Policy, which is hereby incorporated by reference into these Terms. Our Service may contain, and the Company reserves the right to post, additional terms and policies governing your access to and use of our Service and all such terms and policies are hereby incorporated by reference into these Terms.

International Access

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

Registration Data and Account Security

In order to access certain portions and features of the Service, you are required to register as a member. In connection with such registration, you agree to (A) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (B) maintain the security of your password and identification and not share them with any third party; (C) maintain and promptly update the Registration Data and any other information you provide to the Company, to keep them accurate, current, and complete; and (D) be fully responsible for all uses of your account and for any actions performed using your account, in each case by you or any other person.

Payment

You shall promptly pay us for any order of our products or services that you make on or through the Services. Prices are subject to change at our sole discretion. All fees may be subject to taxes.

Third Party Payment Processors

You agree that the Company will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment provider in addition to these Terms. You acknowledge that we may change the third party payment processor and move your information to other payment processors.

Trademarks

DMT Global LLC and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. All related graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress under license from DMT Group LLC in the U.S. and/or other countries. The Company's trademarks and trade dress, as well as trademarks and trade dress belonging to DMT Global LLC, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, as applicable.

DMT IP

Except with respect to your own User Content (as defined below) and Third Party Content (as defined below), as between you and the Company, all intellectual property and other materials on or made available through the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other materials, and their selection and arrangement (the "DMT IP") are the proprietary property of the Company. Except as expressly permitted in these Terms, no DMT IP may be reverse engineered, decompiled, disassembled, modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, by you.

Limited License

Provided that you are eligible for use of the Service and have agreed to these Terms, subject to third parties’ rights to Third Party Content and these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable license (A) to use and access the portion of Service you are eligible to use and access based on your membership with the Company and (B) to access, view, and listen to the portion of the User Content you are eligible to access, view, and/or listen to based on such membership, in each case solely for your personal, non-commercial purposes. Except for your own User Content and sharing of links to other User Content using tools made available through the Service, you may not republish DMT IP on any internet, intranet or extranet site or incorporate the information in any other database or compilation. The foregoing limited license is subject to and conditioned upon your continuing agreement and compliance with these Terms. Any use of the Service or DMT IP other than as specifically authorized herein, without the prior written permission of the Company or the applicable Third Party Content owner, is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. All rights not expressly granted by the Company are reserved.

User Representations, Warranties, and Covenants

You represent, warrant and covenant to both the Company that none of your User Content does or will (A) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (B) contain libelous, defamatory or otherwise unlawful material. You agree not to:

harvest or collect email addresses or other contact information of Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on or through the Service any non-public information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from minors or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass other Users;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We reserve the right to modify this Privacy Policy at any time, and such change will apply with respect to information you provide or your activity on the Service after the change in policy, so please review it frequently. If we make changes that materially affect our uses or disclosures of Personal Information that we have previously collected, we will contact you here, by email, or by means of a notice on our home page to obtain your consent to have the changes to our Privacy Policy apply retroactively.

Copyright Complaints

If you believe that any material on or made available through the Service by any User other than yourself infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Customer Service

Full Address of Designated Agent to Which Notification Should be Sent: 1541 Ocean Avenue Santa Monica CA 90401

Telephone Number of Designated Agent: +1 347 770 6312

E-Mail Address of Designated Agent: info@DMT.io

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, the memberships of members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimers

The Company do not guarantee the accuracy of any Third Party Content. Although we provide rules for Users’ conduct and postings, we do not control and are not responsible for what Users post on or through the Service and are not responsible for any infringing, offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on or through the Service or in connection with any Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company will assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Contents or personal injury or death, resulting from anyone's use of the Service, any User Contents or Third Party Content posted on or through the Service or transmitted to Users, or any interactions between Users, whether online or offline.

The Company reserve the right to change any and all content contained in the Service offered at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, USER CONTENT, AND DMT IP ON OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR ANY OF THE DMT IP OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF NO AMOUNT IS PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION

Governing Law; Venue and Dispute Resolution

These Terms shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Los Angeles CA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties hereto shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties hereto shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, their subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (A) your User Content, (B) any Third Party Content you post or share on or through the Service, (C) your use of the Service, (D) your conduct in connection with the Service or with other Users of the Service, (E) any violation of these Terms or of any law or the rights of any third party, or (F) any actions performed using your account.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment contrary to this section shall be void.

Survival

Upon termination of these Terms or your access to the Service for any reason or no reason, you will continue to be bound by those provisions of these Terms which, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

Waiver and Severability

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions

Additional Information

If you have any questions about these Terms, please contact support@advisely.io