DwayneWeb Platform Terms of Service

Agreement between Dwayne Harris, LLC ("us", "we", "our") and DwayneWeb Platform user ("you", "your").

Welcome to the DwayneWeb Platform (the "Platform"). The Platform is operated by Dwayne Harris, LLC and serves various websites and apps (collectively, the "Software"). Our Software is offered to you conditioned on your acceptance of these terms, conditions, and notices (the "Terms"). By using the Software, you are agreeing to all of the Terms.

Your use of the Platform is subject to our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

Using any of the Software, or sending/receiving emails to/from Dwayne Harris, LLC, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that are provided to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

If you create an account on the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

The Platform and/or Software contains links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dwayne Harris, LLC and we are not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.

Certain services made available via the Platform are delivered by third-party sites and organizations. By using any product, service, or functionality from the Platform and/or Software, you acknowledge and consent that we may share information and data with any third-party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of users of the Platform.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform and/or Software strictly in accordance with these terms of use. As a condition of your use of the Software, you warrant to Dwayne Harris, LLC that you will not use the Platform and/or Software for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform and/or Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform and/or Software.

All content included as part of the Software, such as text, graphics, logos, images, as well as the compilation thereof, is the property of Dwayne Harris, LLC or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform and/or Software. Your use of the Platform and/or Software does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dwayne Harris, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dwayne Harris, LLC or our licensors except as expressly authorized by these Terms.

The Platform and/or Software may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; publish files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; publish files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, conduct or forward surveys, contests, pyramid schemes, or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communications Service and remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

We do not claim ownership of the materials you provide to the Platform and/or Software (including feedback and suggestions) or our associated services (collectively, "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting us and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

The Platform is controlled, operated, and administered by Dwayne Harris, LLC from offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Platform and/or Software in any country or in any matter prohibited by any applicable laws, restrictions, or regulations.

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, and third-parties, harmless for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Platform and/or Software, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

The information, software, products, and services included in or available through the Platform and/or Software may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in the Software at any time.

We and/or our suppliers make no representations about the suitability, reliability, availability, timelines, and accuracy of the information, products, services and related graphics contained in the Software for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. We and/or our suppliers disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Software, with the delay or inability to use the Software or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Software, or otherwise arising out of the use of the Software, whether based on contract, tor, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Platform.

We reserve the right, in our sole discretion, to terminate your access to the Software and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Software. Use of the Platform and/or Software is unauthorized in any jurisdiction that does not give effect to all provisions of the these Terms, including this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dwayne Harris, LLC as a result of this agreement or use of the Platform and/or Software. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dwayne Harris, LLC with respect to the Platform and/or Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Dwayne Harris, LLC with respect to the Platform and/or Software.

We reserve the right, in our sole discretion, to change the Terms under which the Platform and/or Software is offered. The most current version of the Terms will supersede all previous versions.