TERMS AND CONDITIONS
Terms and Conditions of Use
Your access and use of this website (“Website”) is conditioned and subject to your review, acknowledgment and acceptance of these Terms and Conditions of Use (which are subject to change at any time in the sole and absolute discretion of DioLieve) and your compliance therewith; and your continued use of this Website will indicate that you have agreed to be bound by these Terms and Conditions of Use. In the event you do not agree to be bound by these Terms and Conditions of Use, promptly exit this Website.
Access and Use of this Website; Proprietary Information
Any rights not expressly granted by these Terms and Conditions of Use or any applicable end user license agreements are reserved by DioLieve. At any time and for any reason, whatsoever without notice, DioLieve reserves the right to refuse and/or deny your access to this Website or any of its resources.
In order to access and use this Website, you must be 18 years of age or older. Therefore, no person under 18 is permitted to access this Website. Because of the age restrictions implemented for the use of this Website, no information obtained by this Website falls within the child online privacy act (“COPA”) and therefore this Website is not monitored.
Your use of this Website is limited to the review of the information, material and content (collectively, “Content”) contained herein and the purchase of product. No other use is permitted (including any use for commercial purposes) without the prior written consent of DioLieve.
The Content accessible from this Website, and any other internet website owned, operated, licensed, or controlled by DioLieve is the proprietary information of DioLieve or the party that provided the Content to DioLieve, and DioLieve or the party that provided the Content to DioLieve retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DioLieve, or unless authorized in writing elsewhere on this Website. Notwithstanding the foregoing, information may be reprinted for your own personal use, provided any proprietary notices (including copyright, trademark, trade name, service mark, or any other proprietary notice of legend appearing on any of the Content) contained on any downloaded materials shall not be removed and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions of Use or any applicable end user license agreements are reserved by DioLieve.
The Content is not necessarily complete and/or current and should not be used to replace any written reports, statements, or notices provided by DioLieve. DioLieve does not undertake any obligation to update the Content after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete.
All persons or entities should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their/its own professional judgment. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your concerns, interests or goals.
The Content is provided without warranties of any kind, either expressed or implied and therefore, you shall use this Website at your own risk. DioLieve disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title or non‑infringement. DioLieve does not warrant that the functions or content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. DioLieve does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and DioLieve may make changes or improvements at any time. You, and not DioLieve, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Website or its Content. DioLieve makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omission in the Content.
DioLieve has no desire to receive confidential or proprietary information from you through this Website. Please note that any information or material sent to DioLieve through this Website will NOT be deemed to be confidential. Your submission of any materials and/or information or material to DioLieve shall be deemed your granting to DioLieve of an unrestricted, perpetual, irrevocable, worldwide, royalty free, non‑exclusive right and license to use, reproduce, display all content, perform, modify, adapt, publish, translate, create derivative works from, transmit, and distribute those materials or information, and you also agree that DioLieve is free to use any ideas, concepts, know-how, remarks, suggestions, ideas, graphics, techniques or other information communicated to DioLieve through this Website for any purpose, and to incorporate same in other works (including without limitation, for products or advertising) in any form, media, or technology now known or later developed by DioLieve, and will not incur any liability as a result of any similarities that may appear in future DioLieve operations.
Hyperlinks; Other Websites; Internet
This Website may contain, from time to time, hyperlinks (singulary or collectively, “Hyperlinks”) to other, third party websites (singularly or collectively, “Other Websites”). The Other Websites are not related to or maintained by DioLieve. The Hyperlinks to the Other Websites are provided as a service to users and are not sponsored by or affiliated with this Website or DioLieve. DioLieve has not reviewed any of the Other Websites and is not responsible for their content. Hyperlinks are to be accessed at the user’s own risk, and DioLieve makes no representations or warranties about the content, completeness or accuracy of the Hyperlinks or the Other Websites. In addition, the inclusion of any Hyperlinks to one or more of the Other Websites does not imply DioLieve’s endorsement of any of the Other Websites.
You understand that DioLieve cannot and does not guarantee or warrant that files available for downloading from this Website or the Internet (including, but not limited to the Hyperlinks and the Other Websites) will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. DioLieve does not assume any responsibility or risk for your use of the Internet.
Limitation On Liability
DIOLIEVE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DIOLIEVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF DIOLIEVE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DIOLIEVE FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH A LIABILITY AROSE.
You hereby indemnify and hold DioLieve, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, “Indemnified Parties”) harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability regarding any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties for any breach resulting in loss, damage, judgment, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
Although under no obligation to do so, DioLieve reserves the right to monitor use of this Website to determine compliance with these Terms and Conditions of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither DioLieve nor any third party that provides Content to DioLieve will assume or have any liability for any action or inaction by DioLieve or such third party with respect to any submission.
Unlawful Use Prohibited; Security
Any passwords (if any) used for this Website are for individual use only. You will be responsible for the security of your password. DioLieve will be entitled to monitor your password and, at its discretion, require you to change it. In the event you use a password that DioLieve considers insecure, DioLieve will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, DioLieve reserves the right to release your details to system administrators at Other Websites to assist them in resolving security incidents. DioLieve reserves the right to investigate suspected violations of these Terms and Conditions of Use.
Unlawful Use Prohibited
Your use of this Website is conditioned upon your warranty and agreement to DioLieve that this Website will not be used for any purpose that is unlawful or prohibited by law or these Terms and Conditions of Use.
DioLieve reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DioLieve to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD DIOLIEVE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DIOLIEVE DURING OR BECAUSE OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN BECAUSE OF INVESTIGATIONS BY EITHER DIOLIEVE OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding any principles of conflicts of law, these Terms and Conditions of Use shall be governed and interpreted pursuant to the laws of the State of California. You agree that any dispute between you and DioLieve arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof and any product purchased from DioLieve shall be governed by the laws of the State of California and the venue shall be in the state and federal courts in California. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website shall govern the items to which they pertain. DioLieve may revise these Terms and Conditions of Use at any time by updating this posting on this Website.