Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions (the "Terms") govern your use of the website dacitepeak.info (the "Site") and all related services provided by dacitepeak (the "Company"). By using the Site, you agree to follow and be bound by these Terms. If you do not agree to these Terms, you may not use the Site.
The Company reserves the right to change or update these Terms at any time without prior notice. Changes take effect when they are posted on the Site. You should review this page periodically. Your continued use of the Site after changes are posted means you accept the updated Terms.
You confirm that you are at least 18 years old and have the legal capacity to enter binding agreements. If you use the Site on behalf of a company or other legal entity, you confirm that you have authority to act for that entity.
2. Use of Service
The Company provides access to various services through the Site, including, without limitation, information resources and consultation-related communications. You agree to use the Site and services only for lawful purposes and in accordance with these Terms.
You agree not to use the Site to:
- violate any applicable laws or regulations;
- harm or attempt to harm other users;
- distribute viruses, malware, or other technologies that could damage the Company or other users;
- gain unauthorized access to the Company's systems or networks.
The Company reserves the right to suspend or end access to the Site at any time if you breach these Terms or if suspension is needed to protect the Company or other users.
3. User Obligations
You agree to provide accurate, current, and complete information when registering for or using the Site. You are responsible for keeping any password confidential and for all activity that occurs under your account.
You agree to notify the Company promptly of any unauthorized use of your account or any other security breach. The Company is not responsible for loss or damage that results from your failure to meet these obligations.
You also agree not to use the Site to collect personal information about other users without their consent, and not to attempt to bypass any security measures put in place by the Company.
4. Intellectual Property Rights
All materials on the Site, including but not limited to text, graphics, logos, images, and software, are the property of dacitepeak or third parties and are protected by copyright and other intellectual property laws.
You receive a limited, non-exclusive, non-transferable license to access and use the Site and its materials for personal, non-commercial use only. You may not copy, modify, distribute, or create derivative works based on Site materials without the Company's prior written consent.
All rights not expressly granted in these Terms remain with the Company.
5. Limitation of Liability
To the fullest extent permitted by law, dacitepeak is not liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of, or inability to use, the Site or services, including but not limited to loss of profits, data, or other intangible losses.
The Company is not liable for any loss arising from:
- use of, or inability to use, the Site;
- access to the Site or its content;
- unauthorized access to your data;
- any acts or omissions of third parties.
If the Company is found liable for any loss, its liability is limited to the fees you paid for services during the twelve months immediately before the claim arose.
6. Disclaimers
The Site and all services are provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. You use the Site at your own risk.
The Company is not responsible for errors or omissions in Site content and does not guarantee that information posted on the Site is accurate or complete.
7. Indemnification
You agree to defend, indemnify, and hold harmless dacitepeak, its directors, employees, and agents from any claims, losses, expenses, liabilities, and costs, including reasonable attorneys' fees, arising out of:
- your use of the Site;
- your breach of these Terms;
- your violation of third-party rights;
- your violation of any applicable laws or regulations.
The Company reserves the right, at its own expense, to take part in the defense of any such claim, and you agree to cooperate with the Company in defending those claims.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-law rules. You agree to the exclusive jurisdiction of the courts located in North Carolina for resolving disputes arising from these Terms or your use of the Site.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
9. Dispute Resolution
All disputes, disagreements, or claims arising from these Terms or your use of the Site should first be addressed through good-faith negotiation between the parties. If the parties cannot reach agreement within 30 days, either party may submit the dispute to binding arbitration under the rules of the American Arbitration Association.
Arbitration will take place in North Carolina, and the arbitrator's decision will be final and binding on the parties. Each party bears its own arbitration costs.
10. Termination
The Company may suspend or end your access to the Site at any time without prior notice if you breach these Terms or if suspension is needed to protect the Company or other users.
After access ends, all rights and licenses granted to you under these Terms end immediately. You agree to stop using the Site and to delete materials obtained from it.
Sections covering intellectual property, limitation of liability, disclaimers, indemnification, and other provisions that by their nature should survive will remain in effect after these Terms end.
11. Changes to Terms
The Company reserves the right to change these Terms at any time. All changes will be posted on this page with an updated revision date. Your continued use of the Site after changes are posted means you accept the updated Terms.
You should review this page periodically. If you do not agree with the changes, you must stop using the Site.
Some changes may require your consent, and in those cases you will be notified accordingly.
12. Contact Information
If you have questions or comments about these Terms, please contact us:
dacitepeakEmail: [email protected]
Phone: +1 828-535-8383
Address: 12 Commerce St, Asheville, NC 28801, United States