TERMS OF USE
Last modified:  August 24, 2017

ACCEPTANCE OF THE TERMS OF USE  
These Terms of Use are entered into by and between you and Digital Hands, LLC (“Company,” “we,” or “us”). The following terms and conditions (as amended, modified, and supplemented from time to time, these “Terms of Use”) govern your access, browsing, and use of Digitalhands.com, including any content, functionality, and services offered on or through digitalhands.com (including all pages within that website, the “Website”), whether as a guest or a registered user.
 
Please read the Terms of Use carefully before you start to use the Website. By accessing, using, or browsing the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understood, and accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.digitalhands.com/privacy-policy, which is incorporated into these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
 
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Website.

CHANGES TO THE TERMS OF USE  
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
 
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
 
CHANGES TO THE WEBSITE  
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY  
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
 
You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
 
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
 
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all text, displays, images, video, audio, software, and information, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
 
These Terms of Use permit you to use the Website for only legitimate business purposes that relate to your role as an existing or prospective supplier, vendor, customer, or channel partner of the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for legitimate business purposes and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for legitimate business purposes, provided you agree to be bound by our end user license agreement for those applications.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you wish to make any use of material on the Website other than as set out in this section, please address your request to: info@digitalhands.com
 
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
 
TRADEMARKS  
The Company name, the terms Digital Hands®, DIGITAL HANDS®, and CyGuard™, the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are granted a limited license only, subject to the restrictions provided in these Terms of Use, for purposes of viewing the material contained on this Website.

RESTRICTIONS
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  1. In any way that violates any applicable local, state, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries).
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Your Content section of this document and the Content Standards set out in these Terms of Use.
  4. To engage in any advertising or marketing or to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or users of the Website or expose them to liability.
  7. To publish any Website material in any media.
  8. To sell, sublicense, or otherwise commercialize any Website material.
  9. To publicly perform or show any Website material.
  10. To engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website.

Additionally, you agree not to:

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. Use any manual process to copy or monitor any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  4. Mirror any of the content on this Website on another site or in any other media.
  5. Use any device, software, or routine that interferes with the proper working of the Website.
  6. Introduce any worms, viruses, trojan horses, logic bombs, or other material that is malicious or technologically harmful.
  7. Access the Website by any means other than through the interface that is provided by the Company, including without limitation by any automated means (including the use of scripts or web crawlers).  
  8. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  9. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  10. Otherwise attempt to interfere with the proper working of the Website.

YOUR CONTENT
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website.  In these Terms of Use, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. 

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and respective licensees, successors, and assigns, a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, perform, display, translate, and distribute it in any and all media to third parties for any purpose.
 
You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
  • All your User Contributions do and will comply with these Terms of Use.

Your Content must be your own and must not infringe on any third party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for that content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

MONITORING AND ENFORCEMENT; TERMINATION  
We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that the User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND SHALL INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THOSE PARTIES OR LAW ENFORCEMENT AUTHORITIES.
 
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
 
CONTENT STANDARDS  
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable local, state, federal, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise might be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

COPYRIGHT POLICY  
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Charlotte Baker
Digital Hands, LLC
400 North Ashley Drive, Suite 900
Tampa, Florida 33602
(813) 222-3022
info@digitalhands.com

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Our designated agent to receive Counter-Notices is:

Charlotte Baker
Digital Hands, LLC
400 North Ashley Drive, Suite 900
Tampa, Florida 33602
(813) 222-3022
info@digitalhands.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers
It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.
 
RELIANCE ON INFORMATION POSTED  
The information presented on or through the Website is made available solely for general information purposes.  This Website is provided “as is,” with all faults, and the Company makes no express or implied warranties, guarantees, assurances, or representations of any kind related to this Website or the materials contained on this Website.  We do not warrant the accuracy, completeness, or usefulness of this information and we assume no responsibility for updating the Website to keep the information current. Any reliance you place on the information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.  Additionally, nothing contained on this Website shall be construed as providing consulting or advice to you.

This Website may include content provided by third parties, including without limitation materials provided by other users and bloggers. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER OF WARRANTIES  
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
 
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
 
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
 
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE  
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKS FROM THE WEBSITE  
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only, including without limitation links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
 
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES  
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to those features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
 
We may disable all or any social media features and any links at any time without notice in our discretion.

GEOGRAPHIC RESTRICTIONS  
The owner of the Website is based in the state of Florida in the United States of America. We provide this Website for use only by persons located in the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States of America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR ANY LINKED WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUE, PROFITS, GOODWILL, ANTICIPATED SAVINGS, OR OTHER ECONOMIC LOSS, PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS), OR FOR THE COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THESE TERMS OF USE, WHETHER THE LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS PARAGRAPH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
LIMITATION ON TIME TO FILE CLAIMS  
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION
You shall indemnify and hold harmless to the fullest extent permitted by law the Company, its officers, managers, members, employees, affiliates, licensors, and service providers, and all their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all fees, costs, claims, demands, liabilities, causes of action, damages, judgments, awards, and expenses (including without limitation attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms of Use or your use of the Website, including without limitation your User Contributions, any use of the Website’s content, services, or products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

SEVERABILITY
If a provision of these Terms of Use (or the application of any of them) is held by a court to be invalid or unenforceable under applicable law, that provision will be deemed separable from the remaining provi¬sions of these Terms of Use and will not affect the validity or interpretation of the other provisions of these Terms of Use or the applica¬tion of that provision to a person or circumstance to which it is valid and enforceable.

ASSIGNMENT
The Company may assign and transfer its rights and obligations under these Terms of Use without notice to or the consent any user to any assignee or successor in interest of the Company’s business, whether pursuant to a merger, reorganization, or sale or exchange of all or substantially all the assets or outstanding equity of the Company.  These Terms of Use are binding on, and inure to the benefit of, the parties’ respective authorized as¬sign¬ees and successors in interest.   A user may not assign or transfer any of its rights or obligations under these Terms of Use. 

ENTIRE AGREEMENT
These Terms of Use, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and you in relation to your use of this Website, and supersede all prior or contemporaneous agreements, rep¬resentations, or understandings, oral or written, by the Company and you with respect to the subject matter of these Terms of Use.
  
GOVERNING LAW AND JURISDICTION
The validity, enforcement, construc¬tion, and interpre¬tation of these Terms of Use are governed by the laws of the State of Florida and the federal laws of the United States of America, excluding the laws of those juris¬dictions pertaining to resolution of conflicts with laws of other jurisdictions.  The Company and you (a) con¬sent to the personal jurisdiction of the state and federal courts hav¬ing jurisdiction in Hillsborough County, Florida, (b) stipulate that the proper, exclusive, and convenient venue for any legal proceeding arising out of this Agreement is the Circuit Court for Hillsborough County, Florida, for a state court proceeding, or the United States District Court for the Middle District of Florida – Tampa Division, for a federal district court proceeding, and (c) waive any defense, whether asserted by motion or pleading, that the Circuit Court for Hillsborough County, Florida, or the United States District Court for the Middle District of Florida – Tampa Division, is an improper or inconvenient venue.

WAIVER
A waiver, dis¬charge, amend¬ment, or modification of these Terms of Use will be valid and ef¬fective only if evidenced by a writing that is signed by or on be¬half of the Company.  No delay or course of deal¬ing by the Company in exercising any right, power, or remedy under these Terms of Use will operate as a waiver of any right, power, or remedy of the Company, except to the extent expressly manifested in writ¬ing by the Company.  The failure at any time of the Company to require per¬formance by you of any provision of this Agree¬ment will in no way affect the Company’s right there¬af¬ter to enforce the provision or these Terms of Use.  In ad¬di¬tion, the waiver by the Company of a breach of any provision of these Terms of Use will not constitute a waiver of any succeeding breach of the pro-vision or a waiver of the provision itself.

ARBITRATION  
At its sole discretion, the Company may require you to submit any disputes arising from these Terms of Use or the use of the Website, including without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
 
YOUR COMMENTS AND CONCERNS  
This Website is operated by Digital Hands, LLC, 400 North Ashley Drive, Suite 900, Tampa, Florida 33602.  All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out in that Policy.   All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@digitalhands.com