Legal

Terms and Conditions

Please review these terms and conditions of use carefully before using DMCA Now LLC’s websites, including, without limitation, the following websites: dmcanow.io.

This document states the terms and conditions (“Terms”) upon which DMCA Now LLC (“we” or “us”) will provide service to you on its websites, including, without limitation, the above listed websites (the “Website”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.

You understand and acknowledge that to use further portions of the Website, including receiving other services from us, you shall be required to enter into an additional agreement with us, the terms and conditions of which shall be in addition to those herein. In case of any conflict between these Terms and the terms and conditions of any engagement agreement between you and us, the terms and conditions of the engagement agreement shall control.

1. Eligibility

You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law.

You must create an account with us (an “Account”) to use the Service to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or upon our request.

By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.

You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 11 and 12 hereof, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to your all of your data on your Account, including any private content.

2. Grant of Use

We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms.

This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

3. Intellectual Property

The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.

Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

4. User Submissions

You are entirely responsible for any and all materials you upload, submit or otherwise make available via the Website, including videos or any other communications or profile information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

You shall be solely responsible for any and all of your own User Submissions and any and all consequences of posting, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:

  1. You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Service and these Terms; and
  2. You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Service and these Terms

You further agree that you shall not submit material that:

  1. Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
  2. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
  3. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
  4. Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
  5. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
  6. Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.
  7. Is sexually explicit or suggestive.

We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Website, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.

5. Content on the Website

You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users, advertisements and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.

We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.

You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Websites for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).

Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

6. User Conduct

You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.

You hereby expressly authorize us to monitor, record and log any of your activities on the Website, including your chats, streams, messages, interactions with other users and User Submissions.

As a condition of your use of the Website:

  1. You agree not to use the Websites for any unlawful purpose or in any way that is prohibited by these Terms;
  2. You agree to abide by all applicable local, state, national and international laws and regulations;
  3. You agree not to use the Websites in any way that exposes us to criminal or civil liability;
  4. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website;
  5. You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
  6. You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
  7. You agree not to use or attempt to use any other party’s account on the Websites without authorization;
  8. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
  9. You agree not to use the Website to collect usernames and/or email addresses for sending unsolicited messages of any kind;
  10. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
  11. You agree not to “stalk” or otherwise harass anyone on or through the Website;
  12. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
  13. You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
  14. You agree not to post, link to, or otherwise make available on the Website any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
  15. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any Content to any third party;
  16. You agree not to “frame” or “mirror” the Website; and
  17. You agree not to reverse engineer any portion of the Website.

We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws, including the Computer Fraud and Abuse Act.

7. Fees

You acknowledge that we reserve the right to charge for any or all of our services and to change our fees from time to time at our sole discretion. If at any time we terminate your rights to use the Website because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time.

8. Privacy Policy

We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

9. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments.

You acknowledge that your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

10. Indemnification and Release

You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website and/or from your breach of these Terms.

In the event that you have a dispute with one or more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

11. Disclaimer of Warranties and Limitations of Liabilities

Read this section carefully as it limits our liability to the maximum extent permitted under applicable law.

The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.

The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Websites. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you or be limited insofar as they relate to such implied warranties.

Under no circumstances shall we be liable for direct, indirect incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website, whether, without limitation, such damages arise from (i) your use, misuse or inability to use the Website, (ii) your reliance on any content on the Website, (iii) the interruption, suspension, modification, alteration or complete discontinuance of the Website or (iv) the termination of service by us. These limitations also apply with respect to damages incurred by reason of other services or products received or advertised in connection with the Website. Some jurisdictions do not allow some limitations of liability, therefore, in such jurisdictions, some of the foregoing limitations may not apply to you or be limited.

We do not warrant that (i) the Website will meet your requirements or expectations, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your use of the Website will be accurate or reliable, (iv) the quality of any products, services, information, content or other material obtained through the Website will meet your requirements or expectations, or (v) any errors in content will be corrected.

Any content obtained through the use of the Website is obtained at your own discretion and risk. You are solely responsible for any damage to your computer system or other device or loss of data that results from such content.

Your sole and exclusive right and remedy in case of dissatisfaction with the Website or any other grievance shall be the termination of your use of the Website. Without limiting the foregoing, in no case shall the maximum liability of us arising from or relating to your use of the Websites exceed $100 usd.

12. Choice of Law and Venue

To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of Florida without regard to conflict of law provisions. For any claim brought by you against us, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of the courts serving Palm Beach County, Florida. For any claim brought by us against you, you agree to submit and consent to personal jurisdiction in and the venue of the courts serving Palm Beach County, Florida and anywhere else you can be found.

Furthermore, you agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

13. General Terms

  1. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
  2. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
  3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
  4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  5. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
  6. You agree that we may provide you with notices by email, regular mail, or postings to the Website.
  7. The section titles in these Terms are for convenience only and have no legal or contractual effect.
  8. As used in these Terms, the term “including” is illustrative and not limitative.
  9. If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.

Privacy Policy

Pursuant to our Terms and Conditions, this document describes how we treat personal information related to your use of this website and the services offered on and through it (the “Website”), including information you provide when using it.

We expressly and strictly limit use of the Website to adults over 18 years of age or the age of majority in the individual’s jurisdiction, whichever is greater. Anyone under this age is strictly forbidden from using the Website. We do not knowingly seek or collect any personal information or data from persons who have not attained this age.

Data Collected

Browsing the Website. You can use certain features of the Website without having an account, in which case only your IP address, country of origin and other non-personal information about your computer or device (such as web requests, browser type, browser language, referring URL, operating system and date and time of requests) will be recorded for log file information, aggregated traffic information and in the event that there is any misappropriation of information and/or content. If you have an account on the Website and are logged in, the information may be associated with your account.

Registering on the Website. Registration of an account is required for using many parts of the Website, including receiving specific services from us. We request additional information at the time of your registration, including your name, email address, a password, mailing address, and more. Your IP address is recorded automatically. Some of this information may be used to provide you services.

Service Information. You will be required to provide additional information in order to receive specific services from us, and that information will be used to provide you these services (some of which will be made public as a matter of course). For instance, and without limitation, in connection with us providing you DMCA Agent related services, we will ask you for information about the company that owns and operates a website, in which case that information will be filed in publicly accessible documents.

Usage Information. We may record information about your usage of the Website such as what you view, the frequency and size of data transfers and other statistics. If you have registered and are logged in, we may associate that information with your account.

Uploaded Content. We collect and retain any personal information or content you upload for use in providing you services, internal purposes and the other purposes set forth herein.

Correspondences. We may keep a record of any correspondence between you and us.

Cookies. When you use the Website, we may send cookies (both first party and third party) to your computer to uniquely identify your browser session, to make use of specific features on the Website or for other reasons. We may use both session cookies and persistent cookies.

Data Usage

We may use your information to provide you with certain features and to create a personalized experience on the Website and to provide you services that you sign up for. We may also use that information to operate, maintain and improve features and functionality of the Website and the services provided therethrough.

We may use your email address or other personal information to send commercial or marketing messages. We may use your email for non-marketing or administrative purposes.

We use cookies, web beacons and other information to store information so that you will not have to re-enter it on future visits, provide personalized content and information, monitor the effectiveness of the Website and monitor aggregate metrics such as the number of visitors and pageviews (including for use in monitoring visitors from affiliates). They may also be used to provide targeted advertising based on your country of origin and other personal information.

We may aggregate your personal information with personal information of other members and users, and disclose such information to advertisers and other third-parties for marketing and promotional purposes.

We may use your information to run promotions, contests, surveys and other features and events.

Disclosures of Information

We may be required to release certain data to comply with legal obligations or in order to enforce our Terms and Conditions, the Service Agreement and other agreements. We may also release certain data to protect the rights, property or safety of us, our users and others. This includes providing information to other companies or organizations like the police or governmental authorities for the purposes of protection against or prosecution of any illegal activity, whether or not it is identified in the Terms and Conditions.

If you upload any illegal material to the Website, or you are suspected of doing such, we may forward all available information to relevant authorities, including respective copyright owners, without any notice to you.

We may also share your information with third parties for the purposes of payment processing and any such information will also be subject to their privacy policies.

Miscellaneous

If you have an account on the Website and have a password giving you access to certain parts of the Website, you are responsible for keeping the password confidential. Anyone else with your password may access your account and other personal information.

While we use commercially reasonable physical, managerial and technical safeguards to secure your information, the transmission of information via the internet is not completely secure and we cannot ensure or warrant the security of any information or content you transmit to us. Any information or content you transmit to us is done at your own risk.

Service Agreement

This Service Agreement (this “Agreement”) dated as of the date confirmed the Company (the “Effective Date”), is by and between DMCA Now LLC, a Florida limited liability company (the “Company”) and the undersigned person/entity accepting this Agreement (the “Client”).

By purchasing the company’s services, clicking “I Agree,” executing this agreement and/or otherwise affirmatively acknowledging this agreement, you are representing that you have viewed this agreement and that you agree to be bound by it.

WHEREAS, the Client seeks to engage the Company for the provision of selected and confirmed services in accordance with this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements hereinafter contained, the Parties hereto agree as follows:

1. Services.

(a) Services to be Performed. The Company shall provide to the Client services offered by the Company, selected by the Client and confirmed by the Company in writing (the “Services”). The Client acknowledges and agrees that the Company is only obligated to perform those Services as selected by the Client and as confirmed by the Company in writing. All services performed by the Company for the Client shall be subject to this Agreement.

(b) Services Not Performed. The Client acknowledges and agrees that the Company shall not provide and cannot provide any services other than the Services, including, without limitation, the following: (i) business development services; (ii) legal services; or (iii) any services which require certification, licensure or other authorization from an applicable governmental body or professional body. The Client acknowledges and understands that the Company is not a lawyer or a law firm. Furthermore, while the Company seeks to provide industry class services, it does not represent or warrant that the services it provides will be in conformity with any particular set of standards or codes. If the Company provides referrals for any services from third parties, Company is not responsible for the work of or any results obtained from the third parties for these services.

(c) Accurate and Complete Information. In order to provide the Services, the Client acknowledges that the Company requires certain complete and accurate information from the Client. Therefore, the Client shall promptly provide to the Company complete and accurate information in response to all requests made by the Company and shall promptly inform the Company in case of any changes in the information provided by the Client. The Client represents and warrants that all the information that the Client provides to the Company is complete and accurate. The Client acknowledges and understands that the Company’s ability to provide appropriate services to the Client depends on the completeness and accuracy of the information that the Client provides the Company and that it may suffer damages as a result of the provision of incomplete or inaccurate information to the Company, for which the Company shall not be liable.

(d) Good Faith Efforts. The Company covenants to provide you its services in good faith and using business reasonable efforts. However, simply because of the nature of the services provided by the Company, Company cannot offer 100% accuracy in its services. Accordingly, without limiting the generality of the foregoing, though Company agrees to use good faith and business reasonable efforts to provide its services, Client understands and acknowledges that, without limitation: (i) though Company strives to forward notices within twenty-hour hours, it cannot guarantee that all notices will be forwarded in such time; (ii) because of the volume of correspondence received by Company, and other factors, notices may unintentionally become lost or go unprocessed; and (iii) in the event that any OCR or other recognition software or services are used, Company cannot guarantee 100% accuracy in the same and Client is responsible for reviewing all original notices for complete accuracy.

2. Termination.

The Company may terminate its provision of Services to the Client upon notice to the Client for any or no reason or upon notice from the Client to the Company for any or no reason. Without limiting the other provisions hereof, if the Company terminates its provision of Services to the Client, the Company shall not be liable for any damages arises therefrom. In the event that Company continues to receive notices on behalf of Client following termination, Company is under no obligation to take any action based on such notices.

3. Fees.

(a) In consideration of the performance of the Services and other duties and obligations of the Company hereunder, the Client shall pay the Company in advance prior to the performance of any of the Services in accordance with the fees as set forth by the Company as part of the confirmation of the Services or, if fees are not set forth by the Company as part of the confirmation of the Services, at the standard rates of the Company as set forth in its internal documents or on its website at the time of the confirmation of the Services.

(b) Certain services provided by the Company may require yearly or other regular and/or recurring fees, which the Client shall pay in advance of the date necessary for the continuation of services. If the Client fails to make payment in advance for the continuation of services, the Company reserves the right to cease providing such services (which may include the Company not making certain filings, forwarding certain documents) and the Company shall not be liable for any damages arises therefrom.

(c) Certain services provided by the Company may require fees paid upon the occurrence of events, including, for instance, government/agency fees, the processing of mail or other notices that are received by the Company relating to the Client. In such cases, the Company may regularly invoice the Client for the fees at its then applicable rates.

(d) The Company may require the Client to supply certain information to allow the Company to process and authorize the payment of fees, including recurring fees, including, without limitation, your name, address, card number, card expiration date and card security number, and bank account information. The Client represents and warrants that (i) Client has the legal right to use form of payment that Client uses and that (ii) the information that Client is providing with that form of payment is true and correct. Client acknowledge that the Company may use a third party for the purposes of processing or facilitating any payment and that by submitting its information to the Company the Client grants the Company the right to provide this information to such third parties.

(e) The Client acknowledges and agrees that the Company may charge any form of payment on file with the Company for any future fees, including recurring fees. The Client authorizes the Company as its agents (including payment processors) to charge the form of payment on file for such payments on the Client’s behalf.

(f) For any services not paid in advance, the Company may invoice the Client for such services and the Client must pay the invoice according to the terms specified on the invoice.

(g) Outstanding fees that are 30 days late in payment shall accrue interest at 18% per annum. The Company shall be entitled to all costs and expenses (including reasonable attorney’s fees) in the pursuit of payment on any fees.

(h) The Company shall be entitled to change its fees for any of its services upon thirty (30) days’ notice to the Client.

4. Disclaimers of Warranties.

(a) General Disclaimers. The client uses the services at its own risk. The Company provides the Services without any implied or statutory warranty or condition. The Company makes no representation or warranty that the Services will be accurate, timely, correctly sequenced, complete, authentic, merchantable, fit for a particular use or non-infringing, and explicitly disclaims any such representations or warranties.

(b) Additional Disclaimers. Without limiting the foregoing disclaimers, depending on the specific Services provided the following disclaimers may also be applicable: (i) the Company does not and cannot guarantee that all notices delivered will be processed; (ii) the Company does not and cannot check the accuracy of the information that you provide to it, including the accuracy of the addresses for which you request notices to be forwarded; (iii) information provided in any dashboards may not be up to date, accurate or provided in “real-time”; and (iv) the Company cannot guarantee that any notices that it sends to you will be received by you.

5. Release.

In the event that the Client has a dispute with any third parties, whether arising out of the Services or otherwise, the Client hereby releases the Company, its officers, employees, agents and successors-in-right from all claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any such dispute. The Client hereby waives California Civil Code Section 1542, as well as any other statute or law with similar effect, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

6. Limitations of Liability.

(a) Under no circumstances shall the Company be liable to any party (including the Client) for any special, incidental, indirect, consequential, exemplary or punitive damages based on any theory of liability arising out of or in any manner connected with this Agreement or the subject matter hereof, and regardless of whether the Company has been informed of or otherwise may have anticipated the possibility of such damages. Without limiting the foregoing, under no circumstances shall the Company be liable to any party (including the Client) for any lost wages, lost revenues, lost profits, loss of business or any other similar form of damages. The Company shall not be liable for any negligence or gross negligence in the provision of the Services.

(b) Without limiting the foregoing, the Company shall not be liable to the Client for any damages arising from (i) the Client’s use, misuse or inability to use the Services; (ii) the Client’s reliance on any information provided by the Company; or (iii) the interruption, suspension, modification, alteration or complete discontinuance of the Services.

(c) Without limiting the foregoing, the total aggregate liability of the Company arising out of or in any manner connected with this Agreement or the Services shall be limited to the fees paid by the Client to the Company hereunder.

7. Indemnification.

The Client hereby agrees to indemnify and hold harmless the Company (and all its agents, affiliates, successors, and assigns) against any and all damages, including attorney’s fees and all other costs, arising from Client’s breach of this Agreement, the Company’s provision of its services to the Client, or otherwise arising from or as a result of the engagement hereunder, except to the extent caused by the gross negligence or willful misconduct of the Company.

8. Miscellaneous.

(a) Entire Agreement; Amendments. This Agreement embodies the entire agreement and understanding of the parties with respect to the transactions contemplated by this Agreement. This Agreement supersedes all prior discussions, negotiations, agreements and understandings (both written and oral) between the parties with respect to the transactions contemplated hereby that are not reflected or set forth in this Agreement. This Agreement may only be amended in a writing executed by both parties.

(b) Assignment and Sublicensing. The Client may not assign, sublicense or transfer this Agreement without the prior written consent of the Company. The Company may subcontract, assign or transfer this Agreement without prior written consent of the Client.

(c) Severability. If any provision of this Agreement, or the application of any such provisions to either of the parties is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, (i) the remaining provisions of this Agreement will nonetheless be valid and enforceable and shall remain in full force and effect, and will not be affected, impaired or invalidated in any manner, (ii) such determination shall not affect the validity, lawfulness or enforceability of this Agreement in any other jurisdiction, and (iii) the invalid, unlawful or unenforceable provision will be deemed superseded by a valid, lawful and enforceable provision that most closely matches the intent of the original provision.

(d) Third Parties. Nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.

(e) Interpretation. The headings in this Agreement are inserted for convenience of reference only and are not to be considered in the interpretation or construction of the provisions hereof. The singular of any term shall include the plural, and vice versa. All uses of “including” herein shall be interpreted to mean “including, but not limited to.”

(f) Notices. All notices hereunder shall be in writing. The Client acknowledges that the Company may sent the Client notices by email to the address provided by the Client upon applying for the Services. The Client must send all notices to the Company in writing to the email address support@dmcanow.io, or at such other address as the Company may designate in writing.

(g) Governing Law; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to the conflict of law principles thereof. The parties agree to the exclusive jurisdiction of the state and federal courts serving Palm Beach County, Florida.

(h) Counterparts. This Agreement may be executed in two counterparts, each of which, when so executed and delivered, shall be an original, but both of which together shall constitute one and the same instrument.

(i) Language. If this Agreement is executed in English and any other language, in the event of a conflict between the English version and the foreign translation, the terms of the English version shall control.

(j) Waiver. Any waiver by either Party of any right shall not operate or be construed as a general waiver.

(k) Relationship of Parties. No partnership, joint venture, agency, franchise, sales representative or employment relationship is intended or created by this Agreement. Neither party shall have any authority to make or accept any offers or representations on the other’s behalf. Neither party shall take any action or make any statement that contradicts anything in this sub-section.