Website Terms and Conditions
Our Website Terms and Conditions
These terms and conditions, effective as of the date of July 31, 2016 for an indefinite period, govern your use of Disaster Recovery Institute International Inc.'s (hereafter "DRI") websites, social media pages, blogs, mobile applications, and other electronic correspondence (hereafter "Website"); by using the Website, you agree to accept these terms and conditions in full. You may use this Website only for lawful purposes and for its intended and acceptable purpose.
1. General Use Rules
You represent, warrant and agree that you will not use, or plan, encourage or help others to use, the website for any purpose or in any manner that is morally and ethically incorrect.
You represent, warrant and agree that you will not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, or other malicious software.
You represent, warrant and agree that you will not conduct any automated or systematic data collection activities on this Website without express written consent from DRI.
You represent, warrant and agree that you will not use the Website for commercial or marketing purposes without express written consent from DRI.
DRI is the sole interpreter of the Website's intended and acceptable purpose. It is your responsibility to ensure that your use of the Website complies with all applicable laws and these terms and conditions.
2. License to use website
DRI is the sole owner of the Website and the material presented herein, unless otherwise stated. All intellectual property presented on the Website is the sole property of DRI and all rights are reserved. You may use the information presented here subject to the following usage rules and restrictions:
- The Website allows you to post, link, store, share and otherwise make available certain information, documents, presentations, text, graphics, videos, or other material (hereafter "Material") as long as you properly cite DRI, or the original author where appropriate, as the owner of the Material.
- You are responsible for the correct use of citations associated with any Material reproduced from this Website.
- Sell, rent, license, reproduce, duplicate or exploit any Material from this Website for commercial or other use;
- Republish, share or otherwise distribute any Material from this Website;
Where content is expressly created for use and distribution, it may be shared within your organization and/or according to the permissions as stated above.
You may not perform any of the following activities without express written consent from DRI and/or without giving proper credit to DRI as its author and rightful owner:
Permission to use the Material and intellectual property presented on and associated with this Website may be revoked by DRI at any time and for any reason.
3. Restricted access
Certain areas of this Website are restricted and require registration for entry and use. DRI reserves the right to restrict access to any and all areas of the Website, at any time, for any reason, and at its sole discretion. In order to access restricted areas of the Website, DRI reserves the right to require the collection of additional information from the user as an additional term and condition in order to grant access to the restricted area. If you have been provided with a user ID and password by DRI to enable you to access restricted areas of the Website, you are obligated to keep the user ID and password confidential at all times. DRI reserves the right to disable your user ID and password at any time, for any reason, and at its sole discretion without notice or explanation.
4. Links to external websites
The Website may contain links to third-party websites that are not owned, operated, or controlled by DRI. DRI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you further acknowledge and agree that DRI shall not be held 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 external websites.
5. Disclaimers and limitations on DRI's liability.
The following section outlines the disclaimers and limitations on DRI's liability associated with use of this Website:
5.1 Allocation of responsibility
DRI assumes no responsibility for Material posted by our users and no responsibility for the activities, omissions or other conduct of our users. In some parts of the Website, DRI acts as a portal for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring documents posted by users. If notified by a user of any Material that allegedly does not conform to these terms and conditions, DRI may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Material. DRI has no liability or responsibility to users for performance or nonperformance of such activities. DRI may take any action with respect to user-submitted information that it deems necessary or appropriate, in its sole discretion.
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 Guaranty of results
DRI is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Website in meeting the employment objectives of users. Parts of the Website may be intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. DRI does not guarantee that Material posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions made by any user for any reason whatsoever.
5.4 Warranty disclaimers
- The Website is provided on an ‘as is' basis without any warranties of any kind, express or implied. DRI, to the fullest extent permitted by law, disclaims all warranties, including, but not limited, to the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for particular purpose. DRI makes no warranties about the accuracy, reliability, completeness or timeliness of the Website.
- Without limitation on the foregoing:
- DRI does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, DRI is not responsible for those costs.
- DRI makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Material posted by users, or of any other form of communication engaged in by users. Material may contain inaccuracies or typographical errors. You agree that any reliance on material posted by users, or on any other form of communication with users, will be at your own risk.
- DRI makes no representations or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors.
5.5 Damage limitations, allocations of liability, and equitable relief
- You assume all responsibility and risk for your use of the Website, the Internet generally, the Material you post or access on the Website, and for your conduct on and off the Website.
- In no event shall DRI, any of its officers, directors, shareholders, employees, affiliates, agents or advertisers, be held liable for any non-direct damages whatsoever, including, without limitation, incidental and consequential damages, lost profits, damages resulting from lost data, lost employment opportunities, or business interruption resulting from or arising under or in connection with the use or access to, or the inability to use or access the Website and/or its Material , whether based on warranty, contract, tort, or any other legal theory, and whether or not DRI is advised of the possibility of such damages.
- Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held to be inapplicable or unenforceable for any reason, DRI's maximum liability to you for any non-direct type of damages shall be limited to $200.00 in aggregate.
- In no event shall DRI, its officers, directors, employees, affiliates, agents or advertisers be liable for any direct damages in excess of the aggregate of $200.00 in states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
- If you are an employer or vendor with a services agreement with DRI, these terms and conditions will be superseded by the terms of that agreement and any damages and limitations will be governed by the terms outlined in that agreement. If no such terms are outlined, these terms and conditions will apply.
- In addition to monetary damages, you agree that DRI will be entitled to equitable relief upon a breach of this agreement by you.
DRI reserves the right, at our sole discretion, to modify or replace these terms and conditions at any time. DRI may revise these terms and conditions at any time by updating this Website. Changes will be binding on you on the date they are posted on the Website or as otherwise stated in the any notice of such changes. Any use of the Website will be considered acceptance by you of the then-current terms and conditions. If at any time you find the terms and conditions unacceptable, you may no longer use the Website. DRI may change the Website at any time, for any reason, at its sole discretion.
You agree to defend, indemnify, and hold harmless DRI, its officers, directors, employees and agents from and against any third-party claims, actions or demands including, without limitation, costs, damages and reasonable legal and accounting fees, alleging or resulting from or in connection with your use of the Website, any Material posted by you, or for your breach of these terms and conditions. DRI shall use reasonable efforts to provide you with prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding as deemed appropriate by DRI.
8. Applicable Law/Arbitration
These terms and conditions shall be governed by and interpreted in accordance with the substantive and procedural law of the state of New York, in the United States, without regard to that jurisdiction's choice of law provisions. Any dispute arising out of or relating to these terms and conditions shall be resolved exclusively through binding arbitration before a single arbitrator under the Commercial Rules of the American Arbitration Association; notice of the initiation of an arbitration proceeding shall be accomplished in the manner set forth in Section 8 hereof. Such arbitration shall be conducted in the English language in the state of New York (USA) or such other location as the parties may agree. The successful party in any such proceeding shall be awarded its attorney's fees and costs, including the costs of arbitration. Any award shall be made and shall be payable in US dollars. You hereby submit to the jurisdiction of the federal and local courts of New York, NY (USA) for purposes of enforcement of any arbitration award rendered in connection with these terms and conditions.
9. Contact Us
All notices and demands of any kind or nature that either party may be required or may desire to serve upon the other in connection with these terms and conditions shall be in writing and may be served personally, by facsimile, by certified mail, or by overnight courier, with receipt deemed to have occurred on the date of first receipt of such notice by the addressee.
10. Entire agreement
These terms and conditions contain the entire agreement of the parties with respect to the subject matter hereof, and there are no promises or conditions in any other agreement whether oral or written. These terms and conditions supersede any prior written or oral agreements between the parties.