DenScore Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the www.denscore.com website (the “Website”).  You agree that by visiting the Website, you are entering a legally binding agreement with DenScore, Inc. located at 2204 Kewaunee CT, Traverse City, MI 49686 (“DenScore”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).  Your access to and use of the Website is conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Website you agree to be bound by the Agreement.

 

  1. Basic Terms

You are responsible for your use of the Website and for any consequences thereof.  You may use the Website only if you can form a binding contract with DenScore and are not a person barred from accessing the Website under the laws of the United States or other applicable jurisdiction.  If you are under 18 years of age you may not use the Website for any reason.  Please contact us if you are aware that a person under 18 is using the Website.  You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, DenScore may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Website may include advertisements, which may be targeted to the content or information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website is subject to change. In consideration for DenScore granting you access to and use of the Website, you agree that DenScore, third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website whether submitted by you or others.

 

  1. Privacy

Any information that you provide to DenScore is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by DenScore. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services, which you may not be able to opt-out from receiving.

 

  1. Content on the Website

Any use or reliance on any information you obtained through the Website is at your own risk.  Under no circumstances will DenScore be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere. 

  

  1. DenScore Rights

All right, title, and interest in and to the Website and any content available on the Website is and will remain the exclusive property of DenScore and its licensors. The Website and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. DenScore reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding DenScore, or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

  1. Restrictions on Use Of The Website

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, DenScore’s computer systems, or the technical delivery systems of DenScore providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DenScore (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with DenScore (NOTE: scraping the Website without the prior consent of DenScore is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.

 

  1. Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully since it limits the liability of DenScore and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “DenScore Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

  1. The Website is Available “AS-IS”

Your access to and use of the Website is at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE DENSCORE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The DenScore Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of DenScore users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website; (v) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Website; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Website.  No advice or information, whether oral or written, obtained from the DenScore Entities or through the Website, will create any warranty not expressly made herein.

 

  1. Links

The Website may contain links to third-party Website or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Website or resources; or (ii) the content, products, or Website on or available from such Website or resources. Links to such Website or resources do not imply any endorsement by the DenScore Entities of such Website or resources or the content, products, or Website available from such Website or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Website or resources.

 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DENSCORE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DENSCORE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DENSCORE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE WEBSITE GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DENSCORE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

  1. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the DenScore Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; and (2) any activity in which you engage on or through the Website.

  1. GENERAL TERMS. Waiver and Severability

The failure of DenScore to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

  1. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the state of Michigan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Grand Traverse County, Michigan, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  You agree that you may only bring claims against DenScore related to your use of the Website on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. 

 

  1. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between DenScore and you regarding the Website (excluding any service for which you have a separate agreement with DenScore that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between DenScore and you regarding the Website.

We may revise these Terms from time to time, the most current version will always be at www.denscore.com.  If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Website. If you do not wish to be bound by any such revisions to the Terms, you must cease visiting the Website. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.

Effective: January 21, 2021.