Terms & Conditions
This website (including all pages hereof) is owned and operated by (or on behalf of) Displayit Holdings, LLC, a Delaware limited liability company (collectively referred to as “ Displayit”, “our”, “we”, or “us”). These terms and conditions (“Terms and Conditions”) govern your (sometimes referred to as “you” or “your”) interaction with Displayit through the use of this website (the “Site”). By visiting on [Website Name], you accept that access to and use of this Site are subject to the following Terms and Conditions and other applicable law. Please read them carefully. If you do not agree to these Terms and Conditions, please do not use the Site.
The disclaimers, terms and conditions on these Terms and Conditions are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by us, including through a registration process, a purchase or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and Conditions at any time.
General Terms and Restrictions on Use
We hereby grant you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Site solely for its intended purposes. All rights not otherwise expressly granted by these Terms and Conditions are reserved by us. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site (“Content”). You may not obscure or remove any proprietary rights notices contained in or on the Site or Content. We may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available or restrict the amount of use permitted in our sole discretion and without prior notice or any liability to you or any third party. You agree that we may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Site or any part thereof. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
Unless otherwise specifically noted in these Terms and Conditions or on the Site, images, trademarks, service marks, logos and icons displayed on the Site are our property (and/or our licensors) and may not be used without our prior written consent. Any unauthorized use of the Site or any Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found on the Site or any part thereof or grant any other person or entity the right or access to do so.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Displayit or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Displayit and is protected by U.S. and international copyright laws. All software used on this site is the property of Displayit or its software suppliers and is protected by United States and international copyright laws.
Trademarks
All trademarks, service marks and trade names of Displayit used in the Site are trademarks or registered trademarks of Displayit.
Management and Availability of Data
Displayit uses commercially reasonable efforts to make the Site available with minimal downtime. However, we do not guarantee that the Site and related services will be available to you at all times because of maintenance requirements or circumstances caused by others.
Displayit agrees to maintain reasonable administrative, physical, and technical safeguards for the protection of our clients' personal information, in conformance with Displayit's Privacy Policy.
Disclaimer of Warranties and Limitation of Liability
This Site is provided on an "as is" and "as available" basis. No representations or warranties of any kind are made, express or implied, as to the operation of this Site or the information, content, materials, or products included on this site. You expressly agree that your use of this Site is at your sole risk.
To the full extent permissible by applicable law, this Site's owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This Site's owner does not warrant that this Site, its servers, or e-mail sent from this Site are free of viruses or other harmful components. This Site's owner will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Term; Termination
These Terms and Conditions are applicable to you upon your accessing the Site. These Terms and Conditions, or any part of them, may be terminated by Displayit without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer of Warranties and Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Release and Indemnification
You agree to release us and our members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using the Site and/or materials within the Site.
You agree to indemnify, defend, and hold harmless Displayit, its members, managers, officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Our Privacy Policy
We collect, store and use data obtained from you in accordance with our Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms and Conditions. We may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, we may transfer information collected from you and other users in connection with a sale or restructuring of our company.
User Representation
You hereby represent and warrant to us that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions, including, if you are below the age of 18, but between 13 and 18 years of age, you have the consent of a parent or guardian to access and use the Site; and (ii) you will comply with the terms and conditions of these Terms and Conditions, applicable laws, and any other agreement to which you are subject and that is related to your use of the Site or any part thereof.
Governing Law
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts or choice of laws principles.
You agree that a breach of the terms of these Terms and Conditions would cause irreparable harm and significant injury to us, which would be, both, difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions or terms of these Terms and Conditions by injunction (without necessity of posting bond), specific performance or other equitable relief without limitation to any other rights and remedies we may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
Any suit, action or proceeding concerning the site, its use, these terms of service, or concerning any other policy or procedure of ours, must be brought in federal or state court located in or serving Gwinnett County in the state of Georgia and you hereby irrevocably consent to the jurisdiction of those courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
