Terms and Conditions of Use Agreement
PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Terms and Conditions of Use Agreement (“Agreement”) governs the use of the Dripple website (“Website”) located at https://dripple.me. This Website contains information about project requests submitted by Businesses.
The Website and all its contents are owned and maintained by Communication Service for the Deaf, Inc. (“CSD”). The use of the name “Dripple” is interchangeable and synonymous with the use of the trademarked name of “CSD.”
You are permitted to access the Website upon acceptance of and in accordance with the terms and conditions under this Agreement, and as may be modified by CSD from time to time.
Section 1. Definitions
a. “Business” or “Businesses” shall mean entities and/or organizations seeking to make available information regarding project requests.
b. “User” or “Users” or “You” shall mean all individuals, entities and/or organizations, including but not limited to, Businesses, who access the Website and/or submit information to CSD through the Website.
Section 2. Businesses
a. Information Collected. On the Website, information CSD may collect from a Business includes but is not limited to, Business’s authorized representative’s name and e-mail address, company name, and details for project requests. Details for project requests may include, but are not limited to, budget, timeline, target audience, type of services needed for project, and project description. CSD does not ask you to provide and advises that you do not provide any information your business may consider confidential through the Website.
c. Communications. You agree and consent to receiving electronic communications, notices, and disclosures (collectively, “Communications”) from CSD in connection with your use of the Website at the e-mail you provided to CSD. CSD may contact you about providing services in response to your project request, including potential independent contractors, and information regarding CSD’s services and products. If you no longer wish to receive Communications from CSD, please click the unsubscribe link located at the bottom of such Communications or contact email@example.com.
Section 3. Intellectual Property
a. CSD. The Website and all its content are the intellectual property of CSD. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Website and its contents and you agree not to reproduce, distribute, sell, modify, or replicate any content found on the Website. Notwithstanding the foregoing, any content provided by Businesses or Third Parties shall remain the property of the respective Business or Third Party.
Section 4. Disclaimers and Limited Liability
i. No Guarantee. CSD cannot guarantee that the Website will always function without disruptions, delay, or errors. A number of factors may impact the quality of and the use of the Website, including but not limited to: the User’s computer, local network, firewall, Internet service provider, the public Internet, and power supply. CSD is not responsible for any disruption, interruption or delay caused by any failure of or inadequacy in performance of any kind and for any reason or in any other events over which CSD has no control.
b. Limited Liability.
i. No Indirect or Consequential Damages. To the fullest extent permitted by applicable law, CSD and its subsidiaries (and its respective employees, directors, agents, and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this Agreement or the Website (including without limitation the inability to use the Website).
ii. Maximum Effect. The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply, and there may be rights in addition to those contained in this Agreement. CSD and its subsidiaries’ (and its respective employees, directors, agents and representatives) liability are limited to the greatest extent permitted by law.
Section 5. General
a. Independent Contractor. Neither party to this Agreement shall, for any purpose, be deemed to be an agent of the other party and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
b. Modifications. You can review the most current version of this Agreement at any time on this page. CSD may modify the terms of this Agreement from time to time by sending an e-mail notice to you. If you have not provided an email address to CSD, it is your responsibility to check the Website periodically for changes. Continued use of the Website after any modifications to the terms of this Agreement constitutes your acceptance of such modified terms.
c. Indemnification. CSD shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions, in connection with: (i) the access or use of the Website; (ii) any violation of any term of this Agreement; or (iii) any breach or violation of a right of any third party or of any law, statute, ordinance or regulation related to use of the Website. You agree to indemnify, defend and hold harmless CSD, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this Section 5c, including but not limited to, reasonable attorney's fees.
d. Legal Notices. All legal notices to CSD shall be sent via certified mail, return receipt requested to the address listed below, with a copy sent by e-mail to firstname.lastname@example.org. CSD’s receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.
Communication Service for the Deaf, Inc.
Attn: Legal and Compliance
2028 E Ben White Blvd STE 240 #5250
Austin, TX 78741e. No Assignment. User may not transfer or assign any part of or the entire Agreement and the rights hereunder to any other person or entity without CSD’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
f. Voluntary Agreement. You affirm that you have carefully read this Agreement, understand the contents, had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this Agreement.
g. Severability. If any provision of this Agreement shall for any reason or to any extent be found invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected thereby, but, rather, shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid or unenforceable, there shall be added automatically as part of this Agreement a provision as similar in terms to such provision deemed illegal, invalid or unenforceable as may be possible and which shall be legal, valid, and enforceable.