Last updated: June 2022
1. Acceptance of Terms
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Devron.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE WEBSITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. References to “you” and “your” in these Terms will refer to both the individual using the Website and to any such Organization.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
2. Changes to Terms
We may revise and update the Website and these Terms from time to time in our sole discretion by any reasonable means, including by posting revised Terms through the Website. Any such changes will become effective on the “Last Updated” date indicated above, and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Terms incorporating such changes will be effective. However, any changes to the dispute resolution provisions set out in Section 17 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes to these Terms.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
The Website is controlled or operated (or both) from the United States, and is not intended to subject Devron to any non-U.S. jurisdiction or law. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
You are responsible for your user name and password and should treat such information as confidential. You acknowledge that your account is personal to you or the organization you represent and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Devron, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Devron. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you provide to Devron any feedback, input or suggestions with respect to the Website (“Feedback”), you hereby irrevocably and perpetually grant to Devron and its affiliates a non-exclusive, worldwide, sublicensable (through multiple tiers) license to use, process, access, analyze, create derivative works of, adapt, translate, modify, and otherwise exploit such Feedback for any purpose whatsoever, together with all intellectual property rights and other proprietary rights in or pertaining to Feedback. You hereby waive any moral rights you may have in any such Feedback.
Devron’s name, logo, product and service names, designs, and slogans on the Website are all trademarks of Devron or its affiliates or licensors. You must not use such marks without the prior written permission of Devron or their respective owners.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Devron’s Acceptable Use Policy (“Acceptable Use Policy”), the current version and any updated versions of which is available at https://www.devron.ai/acceptable-use-policy and hereby incorporated by reference. You acknowledge that Devron may (a) revise the Acceptable Use Policy in its sole discretion, from time to time, and (b) notify you of any such revision by any reasonable means, including by posting such revised Acceptable Use Policy on the Website.
7. User Contributions
The Website may contain blog post and comment features, job application pages, demo booking features, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You are responsible for any User Contributions you submit or contribute, and you, not Devron, have full responsibility for such content, including its legality, reliability, and accuracy.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. Monitoring and Enforcement; Termination
We have the right to:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Devron.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DEVRON AND ITS AFFILIATES, LICENSORS, RESELLERS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEVRON/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER DEVRON/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
All User Contributions must comply with the Acceptable Use Policy. Refer to Section 6. above. Notwithstanding the foregoing, all User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
10. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Devron, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Devron. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Information About You and Your Visits to the Webpage
12. Links from the Website
Certain Website functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
14. Disclaimer of Warranties
TO THE FULL EXTENT PERMITTED BY LAW, DEVRON MAKES NO WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER HEREOF, INCLUDING WITH RESPECT TO THE WEBSITE, ANY THIRD PARTY MATERIALS INCORPORATED INTO THE WEBSITE AND ANY OTHER MATERIAL OR INFORMATION PROVIDED OR MADE AVAILABLE BY DEVRON UNDER THESE TERMS, ALL OF WHICH ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTIES OR CONDITIONS OF ANY KIND. DEVRON SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. TO THE EXTENT THAT DEVRON CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW.
15. Limitation on Liability
IN NO EVENT WILL DEVRON OR ITS AFFILIATES, LICENSORS OR RESELLERS BE LIABLE: (A) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER DEVRON PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE); OR (B) FOR ANY THIRD PARTY MATERIALS PROVIDED THROUGH THE WEBSITE.
DEVRON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED TEN DOLLARS ($10.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE MAY BE BROUGHT BY YOU OR DEVRON MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEVRON UNDER THESE TERMS. ACCESS TO THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS DEVRON'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WHETHER SUCH LIABILITY IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING ORDINARY NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.
You agree to defend, indemnify, and hold harmless Devron, its affiliates, resellers, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website. The provisions of this indemnification section are for the benefit of Devron, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
17. Waiver; Arbitration.
Class Action/Jury Trial Waiver. ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. YOU CAN OPT OUT OF THIS CLASS ACTION WAIVER BY CONTACTING DEVRON CORPORATION BY MAIL AT 110 WILLIAM STREET, SUITE 2510, NEW YORK, NY 10038 WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS OF SERVICE, STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS CLASS ACTION WAIVER.
Governing Law; Arbitration. These Terms are and shall be governed by and construed under the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”). The Comprehensive Rules are available online at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. An arbitration award and any judgement confirming it apply only to that specific case; it cannot be used in any other case expect to enforce the award itself. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. You can opt out of this agreement to arbitrate by contacting Devron Corporation by mail at 110 William Street, Suite 2510, New York, NY 10038 within 30 days after you first accept these Terms of Service, stating that you (include your first and last name) decline this arbitration agreement.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Devron does not endorse any of the products or services listed on such site.
19. Information or Complaints
If you have a question or complaint regarding the Website, or any comments, Feedback, requests for technical support, and other communications for Devron, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 110 William Street, Suite 2510, New York, NY 10038, or by calling us at 908-502-7848. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Copyright Infringement Claims
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 available on the Website infringe your copyright, you (or your agent) may send to Devron a written notice by mail or e-mail, requesting that Devron remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Devron a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Devron’s DMCA Agent as follows: By mail to Devron Corporation, 110 William Street, Suite 2510, New York, NY 10038, Attn: Chief Financial Officer; or by e-mail to email@example.com. Devron’s DMCA phone number is 908-502-7848.
21. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
22. Additional Terms
Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement between us and supersedes any and all prior or contemporaneous agreements, communications, and understandings, written or oral, relating to their subject matter.
Severability. If any part of these Terms is held to be invalid, illegal, or unenforceable, then the remaining provisions of these Terms remain in full force.
Survival. Notwithstanding anything herein to the contrary, the “Intellectual Property Rights,” “Indemnification,” “Disclaimer of Warranties” and “Limitation of Liability” sections shall survive the termination of these Terms.
Assignment. You and the persons you represent may not assign these Terms or your rights and obligations under these Terms without our express prior written consent. We may withhold this consent in our sole discretion. We may assign these Terms and our rights and obligations under these Terms without your consent or the consent of any persons or business you represent. Any assignment in contravention of the foregoing shall be void and of no effect. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the Parties and their respective successors and permitted assigns.
No Third Party Beneficiaries. These Terms are made and entered into for the sole protection and benefit of you and Devron and are not intended to convey any rights or benefits to any third party, nor will these Terms be interpreted to convey any rights or benefits to any person except to you or Devron (and the respective successors or permitted assigns).
No Agency. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party unless expressly stated in writing. We and you are not partners or members of a joint-venture for any purpose. Except as expressly agreed by the parties in writing, neither party will have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.
No Waiver. No part or section of these Terms may be waived unless expressly agreed to in writing by you and Devron. Our failure to enforce any provision of these Terms will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of these Terms will not be a waiver of our right to enforce that provision in the future.
Interpretation. For purposes of interpreting these Terms, (a) unless the context otherwise requires, the singular includes the plural, and the plural includes the singular; (b) unless otherwise specifically stated, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to these Terms as a whole and not to any particular section or paragraph; (c) the words “include” and “including” will not be construed as terms of limitation, and will therefore mean “including but not limited to” and “including without limitation”; (d) unless otherwise specifically stated, the words “writing” or “written” mean preserved or presented in retrievable or reproducible form, whether electronic (including email but excluding voice mail) or hard copy; (e) the captions and section and paragraph headings used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms; and (f) the references herein to you or Devron will refer to their permitted successors and assigns.