TERMS OF SERVICE

EFFECTIVE DATE: MAY 21, 2016

This is a contract (“Terms”) between you and Dashboard.com, applicable when you interact with our brands, sites, products, services, and mobile applications (collectively, our “Services”), and any information, text, graphics, photos, and all other forms of data or communication which is posted, emailed, transmitted, uploaded, downloaded, or appearing on our Services (collectively, “Content”), in existence now or in the future.

Using our Services

You may use our Services only if you are willing and able to form a binding contract with us, and only in compliance with these Terms and all applicable laws. You must provide us with accurate and complete information when signing up for our Services, and keep your contact information accurate and up-to-date.

Any use or access by anyone under the age of 13 is prohibited. If you are the parent or legal guardian of a minor that signs up for an account or uses our Services, you accept these Terms on the minor’s behalf and are responsible for all use of the account or Services.

Using our Services does not give you ownership of any property rights in our Services or the Content you access. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your use of our Services may include sending you service announcements, administrative messages, and other information. You may opt out of some of those communications. If you authorized use of your phone number for our Services, then we may send notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.

Using our Services requires an internet connection or data/cellular plan. You are responsible for providing all connections, plans, or equipment needed to use our Services and for paying the fees charged by the providers of your connections, plans, and equipment. We will not reimburse you for such fees. Check with your providers to determine if there are any such fees that may apply to you.

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of our Services or any Content, to obtain Content through any means not purposely made available through our Services. We reserve the right to bar any such activity.

You may not probe, scan or test the vulnerability of our Services or any network connected to our Services, nor breach the security or authentication measures of our Services or any network connected to our Services.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to our Services, or any other customer of ours, including any account not owned by you, to its source, or exploit our Services or Content made available or offered by or through our Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by our Services.

You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, or any systems or networks connected to our Services.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our Services or any transaction being conducted on our Services, or with any other person’s use of our Services.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us or through our Services.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Privacy

By using our Services, you consent to the collection and use of information as detailed in our Privacy Policy, as amended from time to time. We encourage you to read it to help you make informed decisions when you use our Services.

Content

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or endorse any opinions expressed via our Services. Any use or reliance on any Content or obtained by you through our Services is at your own risk.

You understand that by using our Services you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, posts that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, transmitted or otherwise made available via our Services or broadcast elsewhere.

Our Services display some Content that is not ours. This Content is the sole responsibility of the entity that makes it available. We have the right to refuse, remove, edit, or block-out any Content from our Services for any reason. This doesn’t mean that we pre-screen Content, so please don’t assume that we do.

Your Content

You retain ownership rights to your Content. However, you grant us (and those we work with) a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your Content for operating, promoting, and improving existing and new Services, including but without limitation, to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content. This may include promoting your Content with partner companies or services for broader broadcast, distribution, or publication. Make sure you have the necessary rights to grant us this license for your Content.

By posting Content, you agree to allow others to view and share your Content.

You are free to delete your Content at any time, though there may be a delay in removing it from public view due to operational requirements. We may retain, but not publicly display, backup copies of your deleted Content on our servers for 30 days after you delete your Content. Regardless, if you delete your Content, it may be permanently unrecoverable.

General Content Guidelines

Our Services should not be used to post Content that contains others intellectual property, others private information, fake or defamatory information, inappropriate language, abusive behavior or harm, hateful speech or symbols, bullying or harassment, sexually explicit, is spam, promotional or irrelevant.

We reserve the sole right to suspend accounts, refuse, remove, edit, or block-out Content from our Services, without notice, for any reason, particularly to protect our Services, infrastructure, users, or community, at our discretion, and we do not have a duty nor is there a contractual obligation for us to act in any particular manner.

Look and Feel of Content

The design, structure, selection, coordination, expression (collectively, our “Look and Feel”) and arrangement of Content on our Services are owned, controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Some portions of the site are licensed pursuant to third party open source licensing.

You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, logos, or elements of the Look or Feel without express written permission from us unless otherwise permitted by law.

Third-party sign-ins

We currently use third parties like Facebook to create and authorize user accounts. By using those third-party services, you agree to their terms of use, Privacy Policy, and other agreements between you and them.

Copyright Policy

We respond to notices of alleged copyright infringement on our Services in accordance with the Digital Millennium Copyright Act, and terminate repeat copyright infringers in appropriate circumstances.

Please see our Infringement Report Form to submit a copyright or trademark dispute.

Modification of these Terms

We can change these Terms at any time. We will notify you about material changes to these Terms by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site before the effective date of the changes. If you do not delete your account within the Notice Period, your Content and use of our Services will be subject to the new Terms going forward.

Modification of our Services

We are constantly evolving our Services. We may change, terminate, or restrict access to any aspect of our Services, at any time, without notice. If we discontinue any of our Services, where reasonably possible, we will give you reasonable advance notice and a chance to get your Content out of that Service.

Deactivating your Account

You can deactivate your account at any time and for any reason by visiting your profile settings, under the ‘Security’ tab. When you ask us to close your account, we will put it in a suspended state just in case you change your mind. Logging back in will reactivate your account.

If your account is closed a few things happen: (1) your right to use our Services stops immediately; (2) we’ll remove personally identifiable data from your Content so that it’s disassociated from you and your account; (3) you may lose access to Content you’ve acquired; (4) you continue to be bound by the Terms below.

Termination

We may terminate or suspend your account at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the Terms below.

Indemnity

If you use our Services for purposes in violation of these terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Dashboard.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to: (1) your access to or use of our Services; (2) your User Content; or (3) your breach of any of these Terms.

Warranties and Disclaimers

Our Services and its Content are provided on an “as is”, “with all faults” and “as available” basis without warranty of any kind, whether express or implied. All Content on our Services is subject to change without notice. Your use of our Services is at your own risk. We have no special relationship with or fiduciary duty to you.

The disclaimer below applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WE, OUR AFFILIATES, VENDORS OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES. WE DISCLAIM CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SERVICES. WE CANNOT ENSURE THAT ANY CONTENT YOU DOWNLOAD FROM OUR SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

For Example, we do not warrant that: (1) our Services will meet your specific requirements; (2) our Services will be safe, secure, uninterrupted, timely, defect or error-free; (3) the quality of any products, services, information, or material purchased or obtained by you through our Services will meet your expectations; or (4) any defects or errors in our Services will be corrected.

You acknowledge that we have no control over, and no duty to take any action regarding: (1) which users gain access to our Services; (2) what Content you access via our Services; (3) what effects the Content may have on you; (4) how you may interpret or use the Content; or (5) what actions you may take as a result of having been exposed to the Content.

Limitation of Liability

You release us from all liability for Content you may have accessed through our Services. Our Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our Services.

You release us from all liability relating to your connections and relationships with other users or anyone else in connection with our Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through our Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through our Services, particularly if you decide to meet such individuals in person.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, OR FINANCIAL LOSSES WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

For example, we shall not be liable as the result of: (1) the use or the inability to use our Services; (2) the cost of procurement of goods and services resulting from Content obtained through our Services; (3) unauthorized access or alternation of your transmissions or data; or (4) any other matter relating to our Services.

THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US AND GOVERN YOUR USE OF OUR SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THESE TERMS).

California Residents

If you are a California resident, you waive California civil code §1542, which says: 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. We will not be liable to you for any lost profit or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Dashboard.com, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Dashboard.com will not exceed the greater of one hundred dollars ($100 if the Services are free) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Arbitration & Class Action Waiver

For any dispute you have with us, you agree to first provide us a Notice of Dispute and attempt to resolve the dispute with us informally for at least 60 days.

If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. For more information, see www.adr.org or call 1-800-778-7879.

In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will be conducted in Christian County, Missouri, USA.

Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and we must file a claim or dispute within one year from when it first could be filed, otherwise, it’s permanently barred.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from disputes relating to enforcement or validity of intellectual property rights.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law and Venue

These Terms and your use of our Services are governed by the United States, laws of the State of Missouri, without respect to conflict of law provisions. All claims arising out of or relating to these Terms or our Services will be litigated exclusively in the State or Federal Courts of Christian County, Missouri, and you consent to the personal and exclusive jurisdiction in, and the exclusive venue of those courts, for any actions not subject to Arbitration.

Questions

We welcome questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know here . If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.