Terms and Conditions
Terms and Conditions: Darring Pairing LLC.. (“COMPANY”) is pleased to provide the COMPANY Premium Services in accordance with this Services Description.
The End User License Agreement supplements these Terms and Conditions for the software operating on your personal computer.
The parties acknowledge having read and agreed to be bound by such online terms. COMPANY may offer customers the Services with respect to Supported Products (as defined below) through monthly subscriptions, annual subscriptions, and/or various promotional offers. You (the “Customer”) acknowledge and agree that the Service(s) described below are being supplied in accordance with your acceptance of the terms and conditions of this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO COMPANYE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.
Service COMPANY will make commercially reasonable efforts to make the Service available 24-hours a day, seven days a week. In certain instances, the Service may be unavailable.
Payment Method. You authorize the Company to permit its third party credit payment processing vendor to process all amounts owed to the Company under this Agreement. You will at all times maintain valid and current credit card information. If you terminate your credit card or elect to pay for the Services with a different credit card, or if you receive a new account number for your credit card, you shall immediately notify Company’s third party credit payment processing vendor of such termination or change. If for any reason fees owed cannot be billed to your credit card for any amount owed under this Agreement, you authorize the Company to bill you directly for such amount, which amount, together with any late fees, chargeback (defined below) or other fees set forth in this Agreement, shall be immediately due and payable.
Payment Obligations. You agree to pay all amounts owed to the Company under this Agreement, as well as any applicable taxes and other charges, when due.
Charges. The Company reserves the right to charge any amounts owed by you under this Agreement to your credit card or bill you directly for such amounts at any time after the conclusion of the Services.
Late/Chargeback Fees; Attorneys’ Fees. For any amount (a) not paid to the Company when due; or (b) paid by you via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and you agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, you agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that you owe to the Company, whether incurred before or after civil litigation is commenced.
Unique Account Information: Customer must maintain the confidentiality of the account log-in information provided by COMPANY in connection with these Services. COMPANY is not responsible for unauthorized use of a Customer’s Service and may terminate Customer’s Service at any time if it believes in its reasonable discretion that Customer’s account is subject to unauthorized use.
Termination: The term of this Service Agreement will commence upon the date of purchase of your COMPANY subscription (regardless of whether or when you activate or begin using your account) and will continue until the earliest of (a) the Customer cancels the Service or the Customer’s subscription to the Service expires, (b) the date upon which COMPANY provides notice to you of termination of this Agreement for COMPANY’s convenience, and (c) non-payment or your violation or breach of any terms or conditions of this Agreement (the “Term”). Upon the expiration or termination of this Agreement the rights granted to you under this Agreement with respect to the Service will immediately terminate. Use of the Service constitutes acceptance of the Agreement.
Content You are solely responsible for all content and account information that you transmit, store, view, restore or share through the Service (including the Backup Service, if included with your contract). You agree that your use of the Service will fully comply with all applicable laws, rules and regulations and that it will also comply with all regulations, policies and procedures of networks through which you access and use the Service. Without limiting the generality of these requirements, you agree that you will not use the Service to:
Transmit, store, view, restore or share content that: (i) contains illegal material; (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by COMPANY in its sole discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law; or (iv) contains any viruses, worms, Trojan horses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.
• Plan or carry out any illegal activity.
• Violate the intellectual property rights or other rights of any third party, including, without limitation, any person’s copyrights in music, videos, images, books or other works.
• Breach any duty of confidentiality that you owe to anyone.
• Access or attempt to access any account for which you have no access authorization.
• Sell content to others, charge anyone for access to your account or otherwise use, sell or share the Service for any commercial purpose. or
Notwithstanding the foregoing, you are solely responsible for obtaining any specific licenses relating to the export of technology and/or software if a license is required.
You further agree that you will not:
• Create any links, whether on a web page, in an e-mail or otherwise, that direct anyone to any part of your account. or
Interfere with the servers or networks connected to the Service. COMPANY does not control the content of any customer’s system and does not have any obligation to monitor or review content for any purpose. Notwithstanding the foregoing, if COMPANY reasonably suspects that an account is being used for storage or distribution of any content that violates these terms and conditions, COMPANY reserves the right, in its sole discretion and subject to applicable law, to terminate your account, and/or, if applicable, notify the appropriate authorities, without prior notice to you.
Cooperation with Law Enforcement: In addition, COMPANY may be required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of applicable law, including without limitation, child pornography laws. You acknowledge and agree that COMPANY may proactively report any such information, including the identity of users, account information, images and other facts to law enforcement personnel, government officials and/ or a third party as COMPANY believes reasonably necessary or appropriate, as determined by COMPANY in its reasonable discretion, to meet its legal obligations or protect the rights, property or safety of its employees, other users or third parties. Customers are prohibited from violating or attempting to violate the security of COMPANY, or the Service. Violations of system or network security may result in civil or criminal liability. COMPANY will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations.
Fair Use: It is important that the Customer be able to contact us with any issue which is covered under the Service Description. However, COMPANY has recognized that a very small percentage of customers may utilize this Service in an abusive and/or illegal and/or fraudulent manner. COMPANY may limit or terminate these users’ access to the Service at any time upon ten (10) day written notice to the address on file for such customer. The goal of this policy is to ensure all customers have equitable access to the Services. Abusive/Illegal/Fraudulent users: COMPANY reserves the right to limit or terminate the Services for any Customer who is:
a. Fraudulently using the service
b. Using the service illegally or for illegal purposes
c. Engaged in reselling the Service for their own commercial concern
d. Using the service broadly, for computers other than those listed in the Customer’s account
e. Found to be habitually aggressive, threatening or uses foul language regularly in their interactions with agents, techs and management of the Service.
f. Found to be engaged in any other material misuse of the Service not specifically covered above.
NO WARRATIES; LIMITED LIABILITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT GIVEN THE NATURE OF THE SERVICE, THESE SERVICES ARE PROVIDED “AS IS” AND COMPANY MAKES NO WARRANTIES REGARDING THE SERVICE OR THE RESULTS OF THE SERVICE. COMPANY IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THIRD PARTY PRODUCTS. COMPANY IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY CAUSE BEYOND ITS CONTROL. NEITHER COMPANY NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED IN USING THE SERVICE. IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR YOUR PARTICIPATION IN THE SERVICE (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES, COMPANY IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE SERVICES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Governing Law THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND COMPANY arising from or relating to this Service Description, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Service Description, COMPANY’s advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF NEW YORK, USA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
All claims between the COMPANY and user will be submitted to binding arbitration before the America Arbitration Association under the rules for consumer arbitration if the claim is $5,000 or below, or commercial arbitration if the claim is $5,000 or more in New York, New York. The parties agree that all claims shall be determined as individual actions and not as a collective or class action.