Terms of Use

Last Updated: December 18, 2015

Danal, Inc.(“Danal,” “we” or “us”) has developed the following terms of use (“Terms”) to inform you how use of (i) our Web site (“Site”) located at https://danalinc.com/, (ii) the Danal mobile billing payment service (the “Mobile Billing Service”), and (iii) the Danal Mobile ID suite of services (the “Mobile ID Service”) (the Mobile Billing Service and the Mobile ID Service are collectively referred to herein as the “Service”) are governed, whether directly or through a third-party site.

By using this Site, the Service, and any service, application, plug-in, component, functionality, or program created by Danal, you are agreeing to the following terms of use. Please read them carefully before using this Site or Service. Should you have any questions concerning the Terms, please contact legal@danalinc.com. By visiting and/or registering this Site and/or by using the Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms of use.

With respect to the Mobile Billing Service, Danal is a payment service provider that helps users make payments to third party merchants. Danal does not have control of or liability for ensuring completion of a transaction. Danal is not a money services business or money transmitter.

With respect to the Mobile ID Service, Danal is a data services provider that provides certain identity verification, fraud avoidance and related services to its merchant customers.  Danal does not have control of or liability for use of the data provided by Danal to its customers.

MODIFICATIONS TO THESE TERMS.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Service. Your continued use of the Service following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: legal@danalinc.com.

MOBILE BILLING SERVICE  – PAYMENTS AND BILLING.

The Mobile Billing Service allows you to make payments from Danal-authorized merchants using your mobile phone. BilltoMobile must be integrated with your mobile phone service provider in order to process a transaction. When you use the Mobile Billing Service, you are providing an authorization to the merchant to process your payment and complete the transaction. After completing a transaction with the Mobile Billing Service, the charge is posted to your mobile phone bill for payment. When you pay your mobile phone bill, you must then pay the BilltoMobile charges that are listed with your standard voice and data mobile phone charges. Payment of the BilltoMobile charges to your mobile phone service provider extinguishes your liability to BilltoMobile and the merchant for your purchases.

By agreeing to these Terms, you consent to receive SMS text messages from us. These SMS may include (i) the One-Time Passcode (OTP), (ii) the payment complete confirmation, and (iii) the subscription reminder SMS. You are responsible for any fees that your mobile phone service provider charges for SMS text messages. We provide the Mobile Billing Service in conjunction with your mobile phone service provider. Danal, at its discretion, may set limits on the amount of monthly transactions a user can spend through the Mobile Billing Service. There may also be a limits imposed by your mobile phone carrier.

Recurring and repeat payments are payments in which you authorize regular or periodic transactions to appear on your mobile phone bill according to the product terms offered by the merchant. These payments are sometimes called “subscriptions”, “preapproved payments”, “refill payments”, or “automatic payments”. You may cancel a recurring or repeat payment by requesting such a cancellation from the merchant at least 2 calendar days prior to the scheduled transaction time. Any cancellation requests after the 2 days prior time for recurring transactions are handled on a best-efforts basis and are not guaranteed.

Danal also will endeavor to send out a pre-notification SMS text to alert the user about the scheduled recurring or repeat payment. To cancel the scheduled recurring or repeat payment, you may contact the merchant to make the request. Continued processing of scheduled recurring or repeat payment is dependent on the merchant maintaining a current relationship with Danal. Danal cannot be responsible if these payments cease due to termination of the merchant relationship.

You can inspect your transaction history at any time by registering on the Site and logging in to your account. It is very important that you immediately notify Danal if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction sent from your mobile phone number, (ii) there has been an unauthorized access to your account, and (iii) your Site password or mobile phone personal PIN has been compromised. If your mobile phone has been lost, stolen, or deactivated, you must contact and notify your mobile phone service provider immediately. Please see the below section “Cancellations and Disputes” for detailed information on Danal’s dispute resolution process.

Also if we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, your mobile phone service provider will credit you for the difference. If the error results in you receiving more money than you were entitled to, your mobile phone service provider may debit the extra funds from you.

MOBILE BILLING SERVICE – REGISTRATION AND OBLIGATIONS.

We provide the Mobile Billing Service for your personal use. As a consumer user, you are not required to register for a Danal account in order to use the Mobile Billing Service. However, Danal provides users with the ability to view transaction history for the Mobile Billing Service by registering on the Site. To use the Danal Site and Mobile Billing Service, the user must be in full compliance with the Terms, including (i) the user must provide complete, true, current, and accurate information as prompted during the registration or payment process, (ii) if the user registers a Site account, the user must keep current, accurate, and complete all information contained within the account for so long as the account remains active, (iii) the user expressly consents and authorizes Danal to exercise all reasonable and lawful measures to verify the information provided by the user upon completion of the registration or payment process and if user an account on an ongoing basis for so long as the account remains active, (iv) the user shall not use any merchant information for any purpose other than for transacting for the goods or services, including communicating with merchants for such purposes, (v) the user shall not defraud merchants, other users, or Danal, or act in bad faith. If the user is determined to be acting outside of reasonable Site or Mobile Billing Service standards, Danal may at its sole discretion, prohibit the user from using the Mobile Billing Service, and/or “black list” the user from use of the Site and/or Mobile Billing Service, and (vi) the user shall not create false personas, multiple identities, or use mobile phones which are not explicitly owned by the user.

MOBILE BILLING SERVICE – CANCELLATIONS.

BilltoMobile transactions through the Mobile Billing Service may be cancelled within 90 calendar days from the original transaction date. Users should request transaction cancellations from the merchant, who must mutually agree with the user to cancel the BilltoMobile transaction. The merchant may also have additional cancellation restrictions that may apply. Consumer users should follow merchants’ return policies as stated on their Web sites. If a return policy is not available, the user should always work directly with the merchant in resolving the issue.

MOBILE BILLING SERVICE – DISPUTES.

Billing disputes should be referred to your mobile service provider. Disputes between you and Danal regarding our Mobile Billing Service may be reported to Danal customer service at any time. You agree to fully cooperate with Danal in all aspects of our dispute process.

If a dispute arises between you and the merchant about your purchase, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. In the event that you cannot resolve at dispute with a merchant, you can file a dispute on the Site under the transaction details for the item in question, or by contacting Danal customer support. A dispute must be filed within 90 calendar days from the original transaction date, although exemptions may be granted in certain circumstances. The user will be required to provide the detailed information for the dispute and agree to the affidavit form. Any message posted on the Site is viewable by Danal and the other party to the dispute. If the dispute is escalated, Danal may review and use the content of all posted messages during evaluation of the dispute. You may not post any message that is offensive, discourteous, false, misleading, profane, abusive, threatening or otherwise inappropriate.

Other than adding information, you may not edit or change a dispute after filing it. Once the user files a dispute, Danal will notify the merchant of the dispute, and while the dispute is open, you and the merchant are able to access the details of the dispute on the Site. After the dispute has been submitted, the merchant will have 20 calendar days from the dispute filing date to work with the user to resolve the dispute. Also at this time, a provisional credit will be issued back to the user while the dispute is being investigated. The provisional credit is applied to the user’s account and reflected on the next mobile phone billing cycle.

In the event that the user and the merchant cannot reach a resolution within 20 calendar days of the date that the dispute is submitted, then the dispute will be escalated to Danal, which will provide a final and binding resolution. Danal may take up to 40 calendar days from the escalated date to investigate your complaint. During the escalation process, Danal may require the user and the merchant to provide documentation to support their respective positions. You may be asked to provide receipts, third party evaluations, police reports, or anything else that Danal specifies. At the end of our investigation, we will advise the user and the merchant of the results via email notification. If we determine that there was no error, we will send you a written explanation, and your mobile service provider may debit any provisional credit that was previously credited to you in relation to the alleged dispute. Danal retains full discretion to make a final decision based on any criteria Danal deems appropriate. In the event that Danal makes a final decision in favor of the user or the merchant, each party must comply with Danal’s decision. Danal may require a merchant to accept the item back and refund the user the full transaction cost related to the item, or items, in question. In the event a merchant loses a dispute, the merchant will not receive a refund on his or her Danal remittance in relation to the transaction.

All disputes can be closed by (i) the user and merchant mutually agreeing that the dispute is justified within the first 20 calendar days from the dispute being filed, (ii) the merchant escalating the dispute to Danal, which will provide a final and binding resolution to both parties within 40 calendar days of the escalated date, (iii) the user and merchant mutually agreeing that the dispute was not justified that results in a full refund back to the merchant, (iv) the user may choose to cancel the dispute on the Site or by contacting the merchant, (v) the user and merchant agreeing to a settlement other than a refund, where both parties agree to reflect the agreed settlement in the messages posted for the disputed transaction, or (vi) in the case of billing disputes, resolution between the user and the mobile service provider. Once a dispute has been resolved, Danal does not allow the user to re-open the dispute in relation to the same transaction.

MOBILE ID SERVICE – CONSUMER AND CUSTOMER INFORMATION

Danal provides Mobile ID Services to merchant and corporate customers that may have a need for identify verification, fraud avoidance, and related purposes or who may desire to use the Mobile ID Services to auto-fill on-line or mobile forms within customer applications.  To provide Mobile ID Services, Danal utilizes data or information obtained from mobile carriers and other data sources.

The terms of your use of the services, products or applications provided by Danal customers using the Mobile ID Services provided by Danal are governed by the terms of use, privacy policies and other policies provided or published by those customers.  You should check and verify those terms and policies directly with the Danal customer using the service.

To the extent consumer information is obtained as part of the Danal Mobile ID Service, consumer consent, including your consent, to such use is obtained in the manner directed by the various data sources.

Important Message From Your Mobile Carrier.   The Mobile ID Service, and the applications through which you may access the applications that use the Mobile ID Service are not applications of the mobile carriers or data sources.  Your use of applications or services that utilize the Mobile ID Service may require your mobile carrier to disclose your consumer information, including your mobile phone location, to the application provider or some other third party.  By providing your consent, you authorize your mobile carrier to disclose your information to third parties to enable the Mobile ID Services and the application or service in connection with which the Mobile ID Service is used.  Check the application’s or Danal customer’s terms of use and policies for more information about how the application or Danal customer will collect, access, use or disclose your information.  The terms of use and other policies are normally available on the application provider’s or Danal customer’s website. If you are not comfortable with the application provider’s or Danal customer’s terms or policies, do not use the application or consent to use of your data in connection with the Mobile ID Service.  You acknowledge and agree that (1) your relationship with the application provider or Danal customer is separate from your relationship with your mobile carrier; (2) your mobile carrier and Danal are not responsible for the application, product or service you are using from the application provider or Danal customer; and (3) you will hold harmless your mobile carrier and Danal and their respective subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, lossess, liabilities or expenses arising out of or attributable to the application, product or service or the acts or omissions or the application provider or Danal customer.

 

MOBILE ID SERVICE DEMONSTRATIONS – LOCATION INFORMATION

Danal may engage in product demonstrations of its Mobile ID Services.  In connection with these demonstrations, you will be asked for consent to access and use your consumer information, including your mobile phone location, obtained from your mobile carrier.

Location Terms & Conditions

Mobile phone user privacy is extremely important to us at Danal, Inc. Location coordinates for your mobile device are only gathered after the mobile phone user has consented to use of location information.  Location coordinates (longitude, latitude, and radius) will be obtained only when we have proper authorization from the user.  The information obtained, including location information, is used solely for the one-time purpose of performing the product demonstration. After such use, the data and information is deleted from Danal’s systems.

Limitations – The location service is available only on AT&T, T-Mobile, Sprint, Verizon Wireless and US Cellular. The location service will not be available if the phone is roaming or is turned off. Other Network Carriers will be added as they become available.

Opt-In/Opt-Out:  If you agree to the terms and conditions in any demonstration, you are asked to click “continue” to opt-in to the demonstration.   To cancel the demonstration and further use, you simply close the demo application.  For support or further assistance, you may contact Danal at the number provided below.

Privacy – All customer data will be used only by Danal, Inc. to provide these services for demonstration purposes.  We will not pass-on or re-sell your data to any third party. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected servers.  This information is accessible only by Danal, Inc.

Contacting Us – If there are any questions regarding these terms or Danal’s demo service, you may contact us using the information below.

Danal, Inc.

Address:  2833 Junction Ave, Suite 202, San Jose, CA 95134

Email: support@danalinc.com

Phone: (888) 654-6494

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Danal, you understand that we may send you communications or data from

Danal regarding the Service, including but not limited to (i) notices about your use of the Service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Danal’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

USER CONDUCT/ACCEPTABLE USE POLICY.

Danal shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content provided by the Service that is available to users, and may remove or require merchants to remove all content that Danal, in its sole discretion, deems to be (i) inconsistent with Danal’s or a mobile service provider’s strategic mission and vision (including but not limited to content that contains references to tobacco and alcohol products, controlled substances, gambling and illegal lotteries, pornography, violence or prejudicial content) and/or these Terms; or (ii) possibly in violation of applicable law. In addition, Danal has the right to remove any content if Danal has reason to believe that displaying such content may infringe the rights of a third party or subject Danal to expense or liability. Please notify us at legal@danalinc.com of any third party that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, controlled substances, gambling or illegal lotteries, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Danal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Danal’s response to a future complaint. You acknowledge and agree that Danal shall not assume or have any liability for any action or inaction.

Unauthorized use of the Service, or the resale of said Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Service in any format to any third party. In addition, you may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Danal or others.

Additionally, Danal reserves the right, without limitation, to terminate your access to and use of the Site and Service if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Danal Site, computer systems and network, or the Service.

2. You may not attempt to interfere with any other person’s use of the Service.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Service without authorization.
5. You may not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Service either directly or indirectly.
7. You may not use the Service for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
8. You may not use the Service to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
9. You may not use the Service to violate any code of conduct or other guidelines which may be applicable to the Service or the Site.
10. You may not use the Service to harvest or otherwise collecting information about others, including e-mail addresses.
11. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Danal in connection with the Site or Service.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Danal. Danal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Danal’s response to a future complaint. You acknowledge and agree that Danal shall not assume or have any liability for any action or inaction by Danal with respect to any user content. Users shall remain solely responsible for user content, and any material or information transmitted to other users for interaction with other users.

INTELLECTUAL PROPERTY RIGHTS.

Except for the licenses granted herein, you have no right, title or interest in or to Danal’s Service. You agree that Danal or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Danal service and content, including, without limitation, text, images, and other multimedia data. All contents of the Danal’s Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2008 Danal, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Danal and/or it suppliers, affiliates, or licensors. All rights reserved. Danal, Inc. and the BilltoMobile logo are including without limitation, either trademarks, service marks or registered trademarks of Danal, Inc., and may not be copied, imitated, or used, in whole or in part, without Danal’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Danal may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Danal expressly prohibits the use of its Service for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Service. In addition, Danal may disable individual accounts if these accounts are found to be illegally transferring copyrighted material. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Danal’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

THIRD PARTY CONTENT, SITES AND SERVICES.

All transactions using BilltoMobile’s Service are between the transacting parties only. The Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Service. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. Danal shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

PRIVACY.

Danal has established a Privacy Policy to explain to users how their information is collected and

used, which you can read on our Site. Your use of the Service signifies acknowledgment of and agreement to the Danal Privacy Policy. You further acknowledge and agree that Danal may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Danal, Inc., its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

WARRANTIES AND DISCLAIMERS.

Danal is in no way liable or otherwise accountable for loss of customer data. By using the Service, you acknowledge that you forfeit the right to hold Danal accountable for any and all technical errors, including loss of user files (customer data). Danal intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, Danal may make changes and improvements to the information provided herein at any time.

DANAL PROVIDES ITS SITE AND SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANAL, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, MOBILE SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “DANAL PARTY,” AND COLLECTIVELY, THE “DANAL PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DANAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY DANAL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE OR SERVICE, EVEN IF SUCH DANAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DANAL, INC. PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

In the event that, notwithstanding the foregoing disclaimers and indemnification provision contained herein, Danal is found responsible for any reason whatsoever, Danal’s responsibility shall be limited to the amounts actually paid by such user for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.

CHANGES TO THE SERVICE AND ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SITE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE, THE DANAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (i) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (ii) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE, DANAL IS NOT RESPONSIBLE OR LIABLE FOR (i) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICE, (ii) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (iii) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (iv) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE AND SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

Danal reserves the right to terminate without notice your password, account or use of the Service and delete any data within Danal, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Danal at any time. Upon termination by Danal or at your direction, you may request a file of your data, which Danal will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, any data you have stored on Danal’s systems may not be retrieved and Danal shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

TERMINATION OF SERVICE.

Danal reserves the right to terminate without notice your password, account or use of the Service and delete any data within Danal, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Danal at any time. Upon termination by Danal or at your direction, you may request a file of your data, which Danal will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, any data you have stored on Danal’s systems may not be retrieved and Danal shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

PAYMENT OF FEES AND AUTOMATIC RENEWAL.

Danal reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice. Danal does not charge consumer users to use the Service to transact on approved merchant Web sites.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Danal or relating in any way to your use of the Service resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Danal or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

OTHER TERMS.

If any part of these Terms are 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. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Danal may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Any claim related to these Terms or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. The failure of Danal to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

COPYRIGHT, COMPLAINTS, AND REMOVAL POLICY.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Danal infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Danal against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.html#512 . Notices and counter-notices with respect to the Site should be sent to: legal@danalinc.com.


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