Disclaimers and Terms of Use
Decipher has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions governing your use of the website. If you do not agree to these Terms of Use please do not use the website. We may at any time, at our sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the website; any changes that we make to these Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use; you can determine if these Terms of Use have been changed since your last visit by referring to the “Effective” date at the top of this page which constitutes your acceptance of the Terms of Use as amended or revised by us, and you should therefore renew these Terms of Use regularly to ensure that you are aware of its terms. Your use of the website after the Effective Date constitutes acceptance of the updated Terms of Use.
Restrictions on Use of Materials
Decipher makes available the information and materials on the website (the “Materials”) for general informational purposes only. The Materials are not intended to constitute, and do not constitute, legal advice. Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of the website or your receipt of the Materials. Anyone accessing the Materials should not act upon them without first seeking legal counsel. Further, the Materials are general in nature, and may not apply to particular factual or legal circumstances.
If you communicate through this website, remember that it is not confidential.
You acknowledge that the website may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Decipher or third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed.
Rules of Use
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the website and/or any Materials. In addition, your use of the website is conditioned on your compliance with the following rules. You agree not to:
Use the website for any fraudulent or unlawful purpose
Impersonate any person or entity, including, but not limited to, any Decipher employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the website
Transmit or otherwise make available in connection with the website any virus, worm, Trojan Horse, or other harmful code.
Restrict or inhibit any other person from using the website, including by means of hacking or defacing any portion of the website.
Interfere with or violate any other website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about Decipher attorneys, other employees and representatives identified on the website, without their express consent.
Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the website or the Materials.
Modify, adapt, translate, reverse engineer, de-compile, or disassemble any portion of the Site or Materials.
Frame or mirror all or any part of the website without our prior express written authorization.
Decipher Trademarks
Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the website are the property of Decipher and may not be used without our prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
Links
The website may provide, or third parties may provide, links to other websites on the Internet or resources. Because we have no control over such sites and resources, you acknowledge and agree that Decipher is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. DECIPHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, DECIPHER MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DECIPHER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DECIPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL DECIPHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Decipher, affiliates and its suppliers, and each of their respective partners, shareholders, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the website; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
Jurisdictional Issues
The website is controlled and operated by Decipher from its principal office in the State of Missouri, USA, and is not intended to subject Decipher to the laws or jurisdiction of any state, country, or territory other than that of the state of Missouri. Decipher does not represent or warrant that the website or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the website or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the website to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
Governing Law and Forum
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE OR THESE TERMS OF USE, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Miscellaneous Terms
If any provision of these Terms of Use is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforce-ability of any remaining provision. A party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent.
Copyright and Copyright Notices
Decipher respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Decipher’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Decipher’s Copyright Agent for Notice of Claims of copyright infringement.
