D Koder Marketing eCommerce SaaS Terms
Welcome to D Koder Marketing eStore (DKM). We offer an online Software as a Service (SaaS) delivery model to provide e-commerce stores to end users. For example, we provide an online shopping cart available through our website, dkodermarketing.com and dkm.agency, and through other user interfaces, that integrates with your online store. We’ve put together here some detailed terms and conditions.
You should read and understand these Terms of Service, which include our Privacy Policy, and may also include our Master Service Agreement, as applicable, because they govern your use of any of the DKM products and services (in whole or in part, the “Products and Services”), including all features and functionalities, our user interfaces such as our website, and all content and software associated therewith.
These Terms of Service provide that all disputes between you and DKM will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with DKM.
These Terms of Service are also a resource for you to have a deeper understanding of how our Products and Services work, including the kinds of data we collect, the way we bill, how we interact with you and other useful details. We encourage you to revisit these Terms of Service when you have a question about the Products and Services or want to know how something works. We hope you enjoy your DKM experience.
Acceptance of Terms of Service
By using, visiting, or browsing the Products and Services as a paid or unpaid member, you accept and agree to be bound by these Terms of Service, available at www.dkodermarketing.com and www.dkm.agency. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to info@dkm.agency.
These Terms of Service, together with the Privacy Policy and Master Service Agreement, constitute the entire agreement between you and DKM and supersede any and all previous agreements, written or oral, between you and DKM, including previous versions of the Terms of Service.
Any failure of DKM to enforce or exercise a right provided in these terms is not a waiver of that right.
Changes to Terms of Service
DKM reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Privacy Policy and Master Service Agreement, in our sole and absolute discretion. DKM may also freely assign or transfer this Agreement. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on “Terms of Service” located at the bottom of the pages of the DKM website. The most current version of the Terms of Service will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Service are updated.
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
Account Terms Overview
You are responsible for using the Products and Services in a private and secure manner. DKM is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
DKM can refuse registration or cancel an account at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
DKM reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the DKM website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. DKM, at its sole discretion, will determine abuse or excessive usage. DKM will make a reasonable attempt via email to warn the account owner prior to suspension.
DKM owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by DKM. For more details, see below the Intellectual Property section of these Terms of Service.
User Conduct and Submissions
Any text, graphics, photographs, or other information communicated to DKM (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
You give DKM a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Except as described in our Privacy Policy, DKM will not be required to treat any Content as confidential.
DKM cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will DKM be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact info@dkm.agency
By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
Use of the Products and Services and any personally identifying information submitted through the Products and Services, such as through our user interfaces containing community forums, is subject to our Privacy Policy, the terms of which are incorporated herein, and a copy of which is currently located at www.dkm.agency/legal-policies/privacy-policy. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy.
By using the Products and Services, you are consenting to receive certain communications from us. For example, DKM may send you newsletters about new DKM features, special offers, promotional announcements and customer surveys via email or other methods.
Please review our Privacy Policy for further details on our marketing communications. You can also find the unsubscribe instructions there. By using the Products and Services, you consent to receiving electronic communications from DKM. These communications may include notices about your account (for example, change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with DKM and you receive them as part of the DKM membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The member who created the DKM account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the DKM account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DKM Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE DKM.AGENCY ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of DKM personnel will result in immediate account termination.
Features and Functionality
The Products and Services include an online shopping cart that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely.
Social Media
For members in certain countries, some of the Products and Services, such as our online shopping cart, can be added to your page on social media networks, such as Facebook.
BY CONNECTING YOUR DKODERMARKETING.COM ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON DKODERMARKETING.COM). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Service.
Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your DKM account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an DKM account, you should notify us at info@dkm.agency. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DKM website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DKM reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. DKM is not obligated to credit or discount a membership for holds placed on the account by either a representative of DKM or by the automated processes of DKM.
Indemnification
IN NO EVENT SHALL DKM, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO DKM ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You shall indemnify DKM for damages, costs and attorneys fees that DKM incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by DKM of any materials provided to DKM by you for use in the Products and Services infringe any U.S. patent, copyright, trademark, trade secret or other intellectual property right under U.S. law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to DKM. DKM may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires DKM being indemnified to take or refrain from taking any action or purports to obligate DKM being indemnified, then you shall not settle such claim without the prior written consent of DKM, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Intellectual Property
Copyright. The Products and Services, including all content included on our user interfaces, or delivered to members as part of the Products and Services, including, but not limited to, source code, data compilations, and software, are the property of DKM or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include open-source software available for free, the compilation of all content and any software or other materials provided by DKM, or in connection with the Products and Services are the exclusive property of DKM and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from DKM or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from DKM, not to insert any code or product into or manipulate the content of the Products and Services in any way, and not to use any data mining, data gathering or extraction method. DKM reserves the right to terminate your membership hereunder if DKM, in its sole and absolute discretion, believes that you are in violation of DKM software restrictions, restrictions against copying the Products and Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of DKM and its licensors. DKM does not promote, foster or condone the copying of third party products or categories or any other infringing activity. While the use of the Products and Services, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, dkm.agency.
Trademarks. DKM is a registered trademark of D Koder Marketing. The DKM logo and dkm.agency are trademarks or service marks of DKM. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of DKM. The trademarks, service marks and trade dress of DKM may not be used or reproduced without prior written approval from DKM and may not be used in connection with any product or service that is not affiliated with DKM, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of DKM, or in any manner that disparages or discredits DKM. Other trademarks that appear on the DKM website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DKM. Any images of persons or personalities contained on the DKM website and user interfaces are not an indication or endorsement of DKM or any particular product or our service unless otherwise indicated.
Patents. DKM holds patents pending that apply to the Products and Services and our operations.
Use of Information Submitted
DKM is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the DKM website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note DKM does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DKM. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DKM and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may find answers and support on our community forums and using other resources and contacts found here: https://www.dkm.agency. You can also reach us with customer service questions at info@dkm.agency.
Limitations on Use
You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service. While DKM does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non exclusive, non transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Service), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. DKM does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DKM without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the D Koder Marketing/DKM name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the DKM website may lead to other websites or other content that are not controlled by, or affiliated with, DKM. In addition, other websites may link to the DKM website or DKM may include links to the websites of businesses, including those that have associations with us through certain programs. For example, DKM may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where DKM members may obtain or purchase such Applications. DKM has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or Terms of Service of these websites or Applications. You acknowledge and agree that DKM is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications or other products. These linked websites have separate and independent privacy statements, notices and Terms of Service, which we recommend you read carefully. You should also refer to the section of these terms titled “How Our Products and Services Work.”
Claims of Copyright Infringement
It is the policy of DKM to respect the intellectual property rights of others. DKM does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy for explicit instruction on how to address the issue.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Pennsylvania, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and DKM agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration in Northampton County, Pennsylvania, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DKM are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your DKM membership.
YOU AND DKM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DKM agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Contact Us via US Mail
D Koder Marketing, LLC.
2497 Cherrywood Ln.
Bath, PA 18014 - USA