Terms and Conditions
YOU ARE BOUND BY THESE TERMS AND CONDITIONS — READ THESE TERMS OF USE BEFORE ACCESSING OR USING THIS WEBSITE.
By accessing this website, you (“User”) accept without limitation or qualification, and agree to be bound and abide by, the following terms and conditions (Terms of Use). Domini Technologies LLC (“DT” or “Domini Technologies”) may revise and update these Terms of Use from time to time in its sole discretion. Your continued use of this website following the posting of revised Terms of Use means that you accept and agree to any and all changes to the Terms of Use.
User Conduct
You may use this website only for lawful purposes and in accordance with these Terms of Use, and you agree not to: (i) use this website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other use of this website, including, but not limited to, any user’s ability to engage in real-time activities through this website; (ii) use any robot, spider or other automatic device, process or means to access this website for any purpose, including to monitor or copy any of the material on this website; (iii) use any manual process to monitor or copy any of the material on this website, or to engage in any other unauthorized purpose without the express prior written consent of DT; (iv) otherwise use any device, software or routine that interferes with the proper working of this website; or (v) otherwise attempt to interfere with the proper working of this website. You further understand and acknowledge that any unauthorized, anti-competitive or illegal use of the Website will be in violation of state and federal law, and you will be subject to criminal and civil penalties as a result.
Software
“Software” means a single copy of one or more computer programs, whether stand-alone or bundled with other products or solutions, and related documentation, including any online or electronic documentation, data, and license files. Which also refers to our proprietary software product called PayPerCal™.
Registration
You may be required to register on the Website in order to make use of the PayPerCal™ software products. Once registered, you will be able to log into your account using your chosen usernames and passwords.
You may not impersonate another person and you are required to associate your real identity with your account.
We collect your personal information through the Website’s registration form in order to successfully complete the registration process. We process personal information in terms of our Privacy Policy.
You warrant that your personal information which you submit to us is accurate, current and complete. You also confirm that you have read and understand our Privacy Policy.
You agree that we may deny you use of the PayPerCal™ software products should you breach your warranty or subsequently be found to have breached this warranty. We may take steps to verify your personal information once you have completed the requisite registration process for the PayPerCal™ software products and these steps may include, and are not limited to, email verification. You agree to submit to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd Parties which may be reasonably required to complete the verification process. You acknowledge and agree that your access to the PayPerCal™ software products may be limited until this verification process has been successfully completed.
Should you not agree to our verification process or withhold your consent to us processing your personal information, your PayPerCal™ software products use may be suspended or terminated.
Without limiting our liability limitation provisions below, you waive any claims you may have against us or our Associates in the event we deny you use of the PayPerCal™ software products where you have breached these Use Terms or otherwise failed to fulfill your obligations to Domini Technologies LLC.
License Restrictions
(A)No Copies. You may not make copies or adaptations of the Software except for backup and archival purposes or when copying or adaptation is an essential step in the licensed use of the Software, including correction of errors. You must reproduce all copyright and other legal notices in the original Software on all permitted copies or adaptations.
(B)No Reverse Engineering. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works, or disable security features of the Software, except to the extent any foregoing restriction is prohibited by applicable mandatory law or by licensing terms governing the use of open source components that may be included with the Software.
(C)No Circumvention. The Software may include technological measures, whether in the Software or in bundled hardware or both, that are designed to prevent or detect unlicensed use of the Software. Circumvention of these technological measures is prohibited, except as expressly permitted by applicable mandatory law. Any attempt to circumvent technological measures may render the Software or certain features unusable or unstable and may prevent you from upgrading or updating the Software.
(D)Limited Use. Notwithstanding anything to the contrary herein, you may not use the Software to develop products or distribute your own or a third-party’s application, a principal purpose of which, as reasonably determined by Domini Technologies LLC, is to compete with the Software, perform the same or similar functions as the Software, or which replaces any component of the Software. You may not disclose the results of any competitive analysis performed on the Software to any third party.
(E)Network. Unless otherwise authorized by Domini Technologies in writing, you may not use the Software on any network that permits remote access to licensed users located outside a one-mile radius of a single fixed geographic site and you may not permit third parties to use the Software in an on-demand computing environment.
(F)No Public Network/Time Share. You may not copy the Software onto any public or distributed network, service bureau, or similar service, and you may not provide access (directly or indirectly) to the Software in any other manner via a web or network application. In addition, you may not sell, license, lease, rent, loan, or time share the Software. You also may not redistribute the Software or any part of the Software, other than as permitted under Section 9 below.
(G)Licensed Users. Except as expressly provided herein, you may not permit any third party to have access to or otherwise use the Software. Licensed users are your employees, authorized agents, representatives, subcontractors, and consultants acting on your behalf and for your internal business use. You are responsible and fully liable for compliance with and breach of these Terms and Conditions by your licensed users
Fees
(A) License fees are payable in advance. By purchasing a PayPerCal™ product software license, you authorize us to charge your payment method immediately and on a pre-pay basis for the License period indicated. We may, in our sole discretion, suspend any aspect of the PayPerCal™ product software license which you have not paid for.
To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future. You are responsible for payment of all applicable taxes relating to your use of our software products, your payments, or your purchases. If we are obligated to pay or collect taxes on the fees you’ve paid or will pay, you are responsible for such taxes, and we may collect payment for such taxes.
Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH IT IS AT USER’S SOLE RISK. NEITHER DOMINI TECHNOLOGIES, ITS SUBSIDIARIES AND AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. DOMINI TECHNOLOGIES HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THE WEBSITE.
(B) DOMINI TECHNOLOGIES’ WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. DOMINI TECHNOLOGIES MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
(C) UNDER NO CIRCUMSTANCES SHALL DOMINI TECHNOLOGIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DOMINI TECHNOLOGIES’ WEBSITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF DOMINI TECHNOLOGIES OR A DOMINI TECHNOLOGIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOMINI TECHNOLOGIES ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DOMINI TECHNOLOGIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
Indemnification
User agrees to defend, indemnify and hold harmless Domini Technologies, its parent, subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the unauthorized use of Domini Technologies’ website by or on behalf of User.
Miscellaneous
(A) The copyright in all material provided on the website is held by Domini Technologies, its subsidiaries and affiliates, or provided with permission from the copyright owner.
(B) The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Domini Technologies and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The names “Domini Technologies,” “Domini Technologies LLC”, or “DT” or the Domini Technologies logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Domini Technologies. Domini Technologies prohibits use of the Domini Technologies logo as a “hot” link to any Domini Technologies site unless establishment of such a link is approved in advance by Domini Technologies in writing.