Terms & Conditions
End User License Agreement
This End User License Agreement (EULA) is between the individual subscriber (You) and TheDCOffice, Inc. (Service Provider) for provision by TheDCOffice, Inc. and for use by You of TheDCOffice.com service (Licensed Service).
You also agree that this EULA covers only Your use of the Licensed Service, which is an application platform for accessing the information provided by TheDCOffice, Inc.’s subscription services. This EULA does not supersede or affect in any way the Subscription Agreement You entered into with TheDCOffice, Inc. with respect to any other service of TheDCOffice, Inc. You may currently subscribe to.
1. Scope of License
Under this EULA the license granted to You by TheDCOffice, Inc. for the Licensed Service is limited to a limited, temporary, non-transferable, not sub-licensable license to use the Licensed Service on any device that You own or control.
2. Subscription Price
The monthly subscription price for content accessible via the Licensed Service is subject to change with 30 days’ notice in writing provided by email to Your account last-known to TheDCOffice, Inc.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SERVICE AND DELIVERY OF THE CONTENT, PORTIONS OF WHICH ARE REDISTRIBUTED, AS PERMITTED, FROM UNITED STATES GOVERNMENT SOURCES, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SERVICE AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SERVICE ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THEDCOFFICE, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SERVICE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THEDCOFFICE, INC. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SERVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SERVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THEDCOFFICE, INC. OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THEDCOFFICE, INC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THEDCOFFICE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall TheDCOffice, Inc.’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Intellectual Property Rights
Except for governmental and public domain content, all rights, title and interest in and to the content of TheDCOffice, Inc. services and to related trademarks, trade names, copyrights, trade secrets and other intellectual property rights, including, but not limited to, TheDCOffice, Inc., The DC Office®, the DCO® and TheDCOffice.com (Licensed Service) are owned by TheDCOffice, Inc. and are protected by copyright laws, trademark laws, trade secret laws and international treaty provisions. Except for governmental and public domain content, all rights, title and interest in and to TheDCOffice, Inc. services, their content and their parts and components regardless of their level of integration or separability remain under TheDCOffice, Inc.’s ownership.
TheDCOffice, Inc. reserves the right to enforce any breach of the provisions of the protection of TheDCOffice, Inc.'s intellectual property rights through equitable relief including injunctive relief, in addition to any other available remedies, such as damages and punitive damages. In addition, TheDCOffice, Inc. may refer to government investigative and enforcement agencies, both in the United States and abroad, any apparent interference with TheDCOffice.com website or its content.
You represent and warrant that You will not harvest, scrape, or otherwise copy said content for redistribution in any form or fashion for any reason. You further represent and warrant that You will not use the content as provided to You with the Licensed Service to compete, directly or indirectly, with TheDCOffice, Inc.
Email alerts sent to You by TheDCOffice.com service as part of Your subscription are for Your exclusive use; distribution to non-subscriber third parties within or outside of Your organization is prohibited by the terms of this EULA and by applicable law.
There are no restrictions on the use and distribution of governmental material and content contained in the Licensed Service beyond what may be applied by the originating agencies.
7. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, You may not use or otherwise export or re-export the Licensed Service except as authorized by United States law and the laws of the jurisdiction in which the Licensed Service was obtained. In particular, but without limitation, the Licensed Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Service, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Any questions, complaints or claims You may have with respect to the Licensed Service should be directed to [email protected].
9. No Professional Advice
The Licensed Service and its content do not constitute, and cannot substitute for, legal and other professional advice. You may not rely on the Licensed Service and its content for such advice.
10. Law and Dispute Resolution
This Agreement will be governed by the laws of the State of New York, United States of America. TheDCOffice, Inc. and You consent to the jurisdiction and venue of the courts of the State of New York and waive any defenses based on lack of jurisdiction and lack of venue.
If any action is brought by either party to this EULA against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation for which the plaintiff party shall post and evidence reasonable bond at the time of service of a complaint.
11. Term and Termination
The license is effective until terminated by You or TheDCOffice, Inc. Your rights under this license will terminate automatically without notice from the TheDCOffice, Inc. if You fail to comply with any term(s) of this license. However, TheDCOffice, Inc. will reasonably attempt to give You notice in writing by email to the last-known address. Upon termination of the license, You shall cease all use of the Licensed Service, and destroy all copies, full or partial, of or from the Licensed Service and the content obtained by Your use of the Licensed Service. All provisions of this EULA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and law and dispute resolution.
12. Third Party Material/Services
The Licensed Service may enable access to TheDCOffice, Inc.’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the TheDCOffice, Inc. shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Licensed Service, in any manner, and You shall not exploit the Services or the Licensed Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
TheDCOffice, Inc. makes no representation that third party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws including, but not limited to, applicable local laws. TheDCOffice, Inc. reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will TheDCOffice, Inc. be liable for the removal of or disabling of access to any such Services.
13. Entire Agreement
This Agreement sets forth the entire understanding and agreement between You and TheDCOffice, Inc. and may be amended by TheDCOffice, Inc. with two weeks’ notice to You which may be given by email. You further agree that it is the complete and exclusive statement of the agreement between You and TheDCOffice, Inc. regarding the Licensed Service. If any part of this EULA is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign Your rights under this EULA; TheDCOffice, Inc. may assign its rights under this EULA without condition. This EULA will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.