Terms of Use
DDS Holdco, LLC (“The DDS Companies”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms.
The DDS Companies retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. Our website may provide links to other websites affiliated with The DDS Companies that may have a Terms of Use Policy different from, or in addition to, the Terms of Use specified herein, particularly in the case of websites hosting third-party content or that allow postings by third-parties. By accessing such websites through links provided on this website, you agree to abide by each applicable Terms of Use policy as therein specified, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition you should not access or otherwise use this site.
The DDS Companies hereby grants you a non-exclusive, non-transferable, personal, revocable, limited license to access and use The DDS Companies website per the terms set forth herein.
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This site is controlled and operated by The DDS Companies. All correspondence regarding The DDS Companies website or any works relating to may be sent to:
The DDS Companies
45 Hendrix Road
West Henrietta, NY 14586
All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips (collectively, the “Content”) is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by The DDS Companies or by other parties that have licensed their material to The DDS Companies. Content on ddscompanies.com or any website owned, operated, licensed or controlled by The DDS Companies is solely for your personal, non-commercial use. Such Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of The DDS Companies. Use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use, is a violation The DDS Companies copyrights, trademarks, and other proprietary rights, and is prohibited. If such non-permitted us occurs, your use shall automatically terminate. Upon any such termination, you must destroy any Content in your possession whether in electronic or printed format.
LINKS
This site contains links to other websites. The linked sites are for your convenience only, and you access them at your own risk. The DDS Companies is not responsible for, and does not endorse, the content of the linked sites, whether or not The DDS Companies is affiliated with sponsors or owners of the sites.
You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by The DDS Companies, or otherwise a relationship between you and The DDS Companies, unless The DDS Companies as provided prior written approval. You may not use on your site, or otherwise, any trademarks, service marks or copyrighted materials appearing on The DDS Companies site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on The DDS Companies site without the prior written consent of The DDS Companies.
If a third-party links to The DDS Companies website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, The DDS Companies is unaware that a third party has linked to The DDS Companies website. Any such website that links to The DDS Companies website:
- May link to, but not replicate, the Content;
- Should not create a browser, border environment or frame our content;
- Should not imply The DDS Companies is endorsing it or its products;
- Should not misrepresent its relationship to The DDS Companies;
- Should not present false information about The DDS Companies’ products or services; and
- Should not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Content on The DDS Companies’ website are provided “as is” and without warranties of any kind, either express or implied. The DDS Companies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction or modification. The DDS Companies, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution The DDS Companies website warrant that the functions contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that The DDS Companies or the server that makes them available are free of viruses or other harmful components. The Content that you read or utilize on The DDS Companies website is provided solely for promotional purposes. The DDS Companies does not warrant or make any representations regarding the use or the results of the use of the Content The DDS Companies’ website in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that the use of The DDS Companies site is at your sole risk. You (and not The DDS Companies) assume the entire cost of all necessary servicing, repair or correction based upon or related to the use of The DDS Companies site. You expressly agree that neither The DDS Companies, nor its affiliated or related entities, nor any of their respective employees or agents, nor any person or entity involved in the creation, production and distribution of The DDS Companies website shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise, including loss of data or profit or due to business interruption), injury, claim liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other The DDS Companies website, to the greatest extent permitted by law. By way of example, and without limiting the generality of the foregoing, The DDS Companies and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of Content appearing on this site. You expressly acknowledge and agree The DDS Companies is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. In no event shall The DDS Companies’ total liability to you for all damages, losses, or causes of action exceed ten U.S. dollars ($10.00).
TRANMISSION OR PROVISION OF DATA – NON-CONFIDENTIAL
The DDS Companies does not want to receive confidential or proprietary information from you through The DDS Companies’ website. If you transmit to or post on The DDS Companies’ website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by The DDS Companies for any purpose. Personal data provided will be handled in accordance with the below privacy policy.
You are not authorized to post on or transmit to or from The DDS Companies’ website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or other profane material, or any other content that could give rise to any civil or criminal liability under the law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The DDS Companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content in and on The DDS Companies website is presented solely for the purpose of promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by The DDS Companies from its offices within the State of Georgia, United States of America. The DDS Companies makes no representation that Content in and on The DDS Companies websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or The DDS Companies bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the State of Georgia under the rules of the American Arbitration Association, Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of The DDS Comanies, its parent, or its licensors or affiliates, The DDS Companies, its parent, or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia. and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in, signed by The DDS Companies.
You agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, user content, product, service, or intellectual property owned, licensed, used, or controlled by The DDS Companies, its parent, or its affiliates.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. You and The DDS Companies 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.
In connection with any litigation, without limiting The DDS Companies’ right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Atlanta, Georgia. All rights not expressly granted herein are reserved.
Certain provisions of this Section are deemed to be a “Written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and The DDS Companies agree that you both intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
SEVERABILITY
In the event that any term or provision of these Terms of Us is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the remaining terms or provisions unenforceable or invalid. The DDS Companies will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of The DDS Companies as reflected in the original provision.
PRIVACY POLICY
Your privacy is important to The DDS Companies, and it is The DDS Companies’ policy to respect your privacy regarding any information The DDS Companies may collect while operating Otis Minnesota Services, LLC’s website. Accordingly, The DDS Companies has developed this Policy in order for you to understand how The DDS Companies collects, uses, communicates and discloses and makes use of personal information. The following outlines The DDS Companies’ privacy policy.
The DDS Companies will only collect and use your personal information for our legitimate business purposes, including, without limitation, marketing, compliance with laws and regulations, and compliance with its various business programs and policies.
The DDS Companies will collect and use personal information solely with the objective of fulfilling those purposes and for other compatible purposes, unless The DDS Companies obtains the consent of the individual concerned or as required by law.
The DDS Companies will only retain personal information as long as necessary for the fulfillment of those purposes and destroy any such personal information on request of the individual.
The DDS Companies will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
The DDS Companies does not guarantee the protection of personal information, but will employ the same security safeguards we use to protect its own electronic data to safeguard against loss or theft, as well as unauthorized access, disclosure, copying, use or modification of personal information.
The DDS Companies will make readily available to customers information about our policies and practices relating to the management of personal information.
The DDS Companies is committed to conducting its business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. The DDS Companies may change its Privacy Policy from time to time, and at The DDS Companies’ sole discretion.