PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to the DNERO mobile application and related websites on which this Terms of Service appears (the "Sites"). This Terms of Service (this "TOS") describes the terms and conditions applicable to your access and use of the Sites and the DNERO mobile phone application (the "App") and the Sites. Sites and App are collectively hereinafter referred to as the "Service". This TOS sets forth the terms and conditions under which Versitech, LLC.dba DNERO ("DNERO," "we," or "us") provides you access to the Sites and the Service.
DNERO may amend this TOS at any time by posting the amended Terms of Service on the Sites or through the App, and you agree that you will be bound by any changes to this TOS. For your convenience, the date of last revision is included at the top of this page. DNERO may make changes to the mobile application, Sites and/or the Service at any time. You understand that DNERO may discontinue or restrict your use of the mobile application, Sites and/or Service for any reason or no reason with or without notice.
The terms and conditions below in their entirety are a legal agreement (the “Agreement”) between you and Us. To use the Service, you must accept all of the terms of this Agreement. By clicking on the "Log in", "Pay", "Buy & Send Gift Fund", “Tap To Use”, “Purchase" “Register”, “Activate”, "Select" or “Accept App Terms” buttons you agree to accept all of the terms.
DNERO is not a bank, a money services business (“MSB”), a money transmitter (“MTB”), or an issuer of stored value products, as defined by the United States Department of Treasury.
1. TOS Updates. DNERO will revise this TOS as the mobile application, Sites and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised TOS. You must agree to all revisions if you choose to continue using the mobile application, Sites and/or Service. By using the mobile application, Sites and/or Service, you agree to the then-current version of this TOS as posted on the Sites at www.DNERO/TOS. If at any point you do not agree to any portion of the then-current version of this TOS, you must immediately stop using the mobile application, Sites and/or Service.
2. App Updates. In an effort to improve the Service, DNERO may require that you download and install updates to the App.
3. Eligibility The App may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them.
3.1 You may not export the Service directly or indirectly, and acknowledge that the Service may be subject to export restrictions. To access the Service you represent and warrant to Us that: (a) you are at least thirteen (13) years of age; (b) that the Recipient of the gift is at least thirteen; (c) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (d) the name identified by you when you create your account is your legal name (e) any transaction entered into by you will represent a binding agreement; and (f) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
3.2 You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
4. License. Subject to the terms, conditions and limitations set forth in the Terms, DNERO grants you a nonexclusive, non-transferable and revocable license to use the App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by DNERO that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
5. Restrictions and Conditions of Use. DNERO permits you to view and use a single copy of the Sites and/or App for your personal use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Sites and/or the App.
5.1 You agree that you will not, in connection with your use of the Sites or the App or your purchase of any products or services through any of the foregoing, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the App and/or Sites any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.2 You may not connect to or use the Service in any way not expressly permitted by this TOS. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person's use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites and/or the App, Accounts registered to other users, or the computer systems, mobile devices or networks connected to the Service. Furthermore, you may not use the Sites and/or the App to develop, generate, transmit, publish, display or store any information or content that: (i) is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Sites, the App and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law or performs unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Site, App and Services; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people ; (v) is harmful to children in any manner; (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias)or divulges private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vii) uses the Sites or the App for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the TOS or any other rules or polices established from time-to-time by DNERO; (viii) infringes or violates any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
5.3 You agree that you will not (i) obtain or attempt to obtain any information from the Service, including without limitation information about other users, using any method not expressly permitted by DNERO; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the App or the Service, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the App, the Sites or the Service.
5.4 You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make the Sites or the App available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Sites or the App; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Sites or the App, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Sites or the App. If you violate any of the foregoing restrictions, your use of the Sites or the App will immediately cease and you will have infringed the copyright and other rights of DNERO, which may subject you to prosecution and damages. DNERO reserves all rights not expressly granted to you in the Terms.
5.5 You are solely responsible for all content you upload to or use with the Sites or the App, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with the Sites or the App must comply with the user content and conduct rules as specified in TOS. Enforcement of the user content and conduct rules set forth this TOS is solely at DNERO's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Sites or the App will not contain any content that is prohibited by such rules.
5.6 You further agree that you are solely responsible for your conduct with respect to the Sites, App and/or Services and you agree that you will not do any of the following in connection with the App: i) use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the App or that could damage, disable, overburden or impair the functionality of the App in any manner; ii) Flag content or report abuse for improper purposes or without good reason; iii); iv) modify, adapt, hack or emulate the App; v) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or third-parties; and vi) infringe upon or violate the rights of DNERO, its users or any third-party. DNERO takes no responsibility and assumes no liability for any user conduct or for any user content posted, stored or uploaded on (or otherwise made available via) the Service, nor is DNERO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the App. Your use of the Service is at your own risk.
5.7 Although DNERO does not control and has no obligation to screen, edit or monitor any of the user content posted, stored or uploaded on (or otherwise made available via) the Service, DNERO reserves the right, and has absolute discretion, to remove, screen or edit any user content posted, stored or uploaded on the Sites or the App at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any user content you post, store or upload on (or otherwise make available via) the Sites or the App at your sole cost and expense. Any use of the Service in violation of the foregoing violates the TOS and may result in, among other things, termination or suspension of your rights to use the Sites and/or the App. You understand and agree that the use of your or another user's name, likeness, voice or identity in connection with various features on the Sites or the App does not imply any endorsement of such feature or of the Service unless explicitly stated otherwise.
5.8 Except for any feedback you provide with respect to the Service or any of DNERO's products and services or as specifically provided otherwise in the TOS or in a separate agreement between you and DNERO, you retain ownership of the user content you post, store or upload on (or otherwise make available via) the App. However, if you post, store or upload user content on (or otherwise make available via) the Service, you grant DNERO and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content throughout the world in any manner or media, on or off the Service. You represent and warrant that: (i) you own and control all of the rights to the user content that you post, store or upload on (or otherwise make available via) the Service or you otherwise have the right to make available such user content via the Service and grant the rights granted in the TOS; (ii) the user content that you post, store or upload on (or otherwise make available via) the Service is accurate and not misleading; and (iii) DNERO's use and making available the user content you supply does not violate the TOS and will not violate any rights of or cause injury to any person or entity.
6. Terms and Conditions of Gift Cards. The Sites and/or The App permits you to purchase gift cards, gift codes, gift funds, obtain gift promotions and related digital products and services. Please refer to terms & condition of each digital gift card applicable to your purchase. By buying and using or gifting a gift card through the Sites or the Mobile App, you agree to be bound by and accept the terms & conditions of sale as set forth for each particular digital gift card. Since this TOS and terms and conditions of sale for each digital gift card are subject to change without prior notice at any time, you should review the TOS and terms and conditions of sale for each digital gift card each time you purchase a digital gift card or obtain a digital gift fund promotion.
7. DNERO Let Them Choose: DNERO Let them Choose (“DNERO PAY”) is a general purpose closed-looped digital gift card where it gives the buyer and recipient the freedom to choose a gift card or gift cards for a particular store offered within the mobile application. It is a reloadable stored- value digital gift card that a sender of gift (Buyer) purchases for a Recipient that can only be used by the Recipient to purchase his/her digital gift cards of choice through our site or mobile application. The DNERO CHOICE is delivered to the recipient similar to other gift cards in our Sites or the App. DNERO CHOICE does not expire.
8. Refunds Refunds are not offered. Except if, prior to electronic transmission of the gift card to the recipient, you, as the buyer, become aware that the gift card was sent to a wrong recipient or a selected gift card becomes unavailable following a transaction due to an error on part of DNERO, We will return the value of the purchase to you, minus any fees in form of credit as “DNERO Let them Choose” gift to your DNERO account. If technical problems prevent or unreasonably delay delivery of your gift, your exclusive remedy is either replacement or refund of the price paid, as determined by DNERO. You may contact us at Support@dneroapp.com with refund or cancellation requests.
9. Paying for a Purchase In order to purchase a DNERO, DNERO accepts many forms of payment, including U.S. bank issued credit cards and debit cards. To complete a purchase, you will be asked to provide your billing information. We, or our payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your transaction.
9.1 You agree that you will pay for the Service you purchase, and that DNERO may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Profile. You are responsible for the timely payment of all fees and for providing DNERO with a valid form of payment.
9.2 Prices for products offered via the Service may change at any time, and DNERO does not provide price protection or refunds in the event of a price reduction or promotional offering. DNERO reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice.
10. Notice of Receipt of the Gift Card Through Social Network, E-mail or Text Message
11.1 We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk and DNERO shall not be liable for the unauthorized access of your personal information.
11.2 DNERO does not warrant, represent, or guarantee that its Site or Service will be available on your mobile device. If you do use a mobile device to access the Service, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Service, which are solely your responsibility.
12. DNERO’s Rights -We reserve the right to decline to provide the Service to any person for any or no reason. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service and Sites. DNERO reserves the right to close a user’s Profile or take other appropriate actions if such user violates this TOS in whole or part, or engages in any conduct DNERO deems inappropriate.
13. Interacting with other users of the Service - You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We do not confirm any user's purported identity. We do not endorse any persons who use or register for our Services, whether as senders or recipients. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site.
13.1 If you receive a DNERO from someone whom you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and to us at email@example.com. Your report of misconduct by another shall not obligate us to take any action, unless required by law, or cause us to incur any liability.
13.2 By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from DNERO. You release DNERO from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
DNERO WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THIRD PARTY SERVICES NOR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH WEBSITES.
15. Intellectual Property You agree that the Service, including graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by DNERO, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
“DNERO,” www.DNERO, “Smart Gift Cards”, “DNERO Let Them Choose” “and other DNERO trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Versitech, LLC.in the United States. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
15.1 You may not display any portion of our Sites or the App in a frame, or any content from our Sites and/or the App through in-line links, without our prior written consent, which may be requested by contacting us at Support@dneroapp.com. You may, however, establish ordinary links to the homepage of our Sites or the App without our written permission, and you may make use of embedded code, also known as "widgets," if we have provided the code.
16. US Government Rights. The Service and related documentation are "Commercial Items", as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
18. Fraud, Abuse and Harm. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or DNERO to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your DNERO Account has been used for an unauthorized, illegal, or criminal purposes, you give us express authorization to share information about you, your DNERO Account or and any of your activity with law enforcement authorities. DNERO reserves the right to review, postpone, or cancel the purchase of any Gifts or the dispersal of funds to any user at our discretion.
19. Termination. We may terminate this Agreement and close your Account for any reason or no reason at any time upon notice to you. We may also suspend the Service and access to your Account (including the funds in your Account) if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your Profile is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Service; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that DNERO shall not be liable to you or any third party for termination of your access to the Service or deletion of your information or account data.
19.1 You may terminate this Agreement and other agreements by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled. Any unused gift cards at the time of closure, less any applicable fees, will be paid out to you in a reasonable time in form of printed gift card (paper print of the digital gift card). If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you in form of printed gift card.
19.2 If we terminate this Agreement and your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination. All of the sections of the TOS will survive any termination except the License section and the consent to use of data Any use of the Sites and/or the App after termination is unlicensed and is in violation of the copyright and other rights of DNERO.
20. Restricting Access to DNERO for Investigations. We may restrict access to funds in your DNERO Account to allow us to investigate the use of your DNERO Account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your DNERO Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if otherwise requested by law enforcement or governmental entity.
21. Tax Reporting Requirements Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.
22. Purchasing Limitations We may, in our sole discretion, prohibit the sale of a gift cards, the issuing of a gift card, or the creation of a DNERO Account for any reason. DNERO purchase and redemption amounts are limited to no more than $2,000.00 per day per person.
23. Risk of Loss. Risk of loss and title for all electronically delivered gift cards pass to the purchaser in California upon electronic transmission of the gift card to the Recipient. DNERO is not responsible for lost or stolen mobile phones and/or gift Cards.
24. DNERO is not a money services business. DNERO is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Service primarily for the purpose of transmitting funds.
25. Governing Law. Regardless of the state of your residence as a Buyer or Recipient of the Service, this Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, except to the extent preempted, superseded, or supplemented by federal law. You agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by federal law and construed in accordance with federal law, and as made applicable by federal law, the law of the state of California. This Agreement does not limit any rights that DNERO may have under trade secret, copyright, patent or other laws.
26. Changes to this Agreement. DNERO reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. If written notice is required by law, DNERO will provide such notice to you. Amendments will apply to outstanding balances, except as otherwise indicated in the written notice or as otherwise provided by applicable law. Your continued use of the Service will be deemed acceptance thereof. This Agreement, except when amended in accordance with this Agreement, is the final expression of the Agreement between DNERO and you and may not be contradicted by evidence of any alleged oral agreement. This Agreement and any revision thereof can be found at www.DNERO.
27. Warranties. DNERO make no warranties, express or implied, with respect to a DNERO Account including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. These limitations may not apply to you. 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 liability may not apply to you, and you may also have additional rights.
28. Limitation of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DNERO, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
DNERO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DNERO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
29. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNERO, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL DNERO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR PROFILE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DNERO AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DNERO, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DNERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
30. Indemnity. You will indemnify, defend and hold us and our processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.
31. Dispute Resolution.
31.1 Negotiations. Before initiating any arbitration or court proceeding, you and DNERO agree to first attempt to negotiate any dispute, controversy or claim related to these TOS ("Claim") (except those Claims expressly provided in Section 31.6 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. DNERO will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to DNERO at 8949 Irvine Center Dr, Irvine, CA 92618, ATTN: DISPUTE RESOLUTION.
31.3 Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or DNERO may elect to have the Claim (except as otherwise as provided in Section 31.6 below ) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this TOS. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this TOS, (i) you and DNERO may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DNERO ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
31.3 Arbitration Fees. If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding other terms of this TOS to the contrary, you will not be required to pay our attorneys' fees or other costs if you do not prevail in the arbitration.
31.4 Location. The arbitration will take place in your hometown area if you so notify DNERO in your notice of arbitration or within ten (10) days following receipt of DNERO's arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Orange County, California, United States of America, and you and DNERO agree to submit to the personal jurisdiction of that court.
31.5 Limitations. You and DNERO agree that any arbitration shall be limited to the Claim between DNERO and you individually.
YOU AND DNERO AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
31.6 Exceptions to Negotiations and Arbitration. You and DNERO agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or DNERO's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration.
32. Apple Terms and Conditions. You and DNERO acknowledge that the terms are solely between you and DNERO, and not with Apple, Inc. ("Apple"), and DNERO, not Apple, is solely responsible for the App and the content contained within the App. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
32.1 The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
32.2 You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of DNERO. However, you understand and agree that in accordance with the Terms, DNERO has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
33.3 You acknowledge and agree that as between Apple and DNERO, DNERO, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
33.4 The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.
34. Severability. You and DNERO agree that if any portion this Section 34 is found illegal or unenforceable (except any portion of Section 31.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 31.6 is found to be illegal or unenforceable then neither you nor DNERO will elect to arbitrate any Claim falling within that portion of Section 31.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and DNERO agree to submit to the personal jurisdiction of that court.
35.1 TOS Revisions. This TOS may only be revised in a writing signed by DNERO, or published by DNERO on the Sites.
35.2 No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DNERO as a result of this TOS or your use of the Service or the App.
35.3 Assignment. DNERO may assign this TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOS without DNERO's prior written consent, and any unauthorized assignment by you shall be null and void.
35.5 No Waiver. Our failure to enforce any provision of this TOS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
35.6 Notices. All notices given by you or required under this TOS shall be in writing and addressed to: VERSITECH, LLC.dba DNERO, 8949 Irvine Center Dr, Irvine, CA 92618, ATTN: CEO.
35.7 Equitable Remedies. You hereby agree that DNERO would be irreparably damaged if the terms of this TOS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
35.8 Entire Agreement. This TOS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service.
DNERO is not responsible for any typographical errors.
Please contact us a Support@dneroapp.com with any questions regarding this TOS.