OWNERSHIP AND USE OF CONTENT
DH Pace and/or our respective third-party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through this Website, including but not limited to the DH PACE® service marks and all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on this Website (“Content”), except where specified to the contrary. All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or license to the Content.
You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of this Website, use of this Website or access to this Website. By using this Website, you may be exposed to Content that is offensive or objectionable. Under no circumstances will DH Pace be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via this Website.
RESTRICTIONS ON USE OF WEBSITE
You are prohibited from using this Website to do any of the following:
- upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;\
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through this Website;
- upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes;” or
- “stalk” or otherwise harass another Website user or collect or store personal data about other Website users.
You agree that DH Pace, in its sole discretion, may terminate your use of and access to the Website or any part thereof with or without notice. You agree that any such termination may be affected without prior notice. Further, you agree that DH Pace shall not be liable to you or any third party for any termination of your access to this Website.
This Website and Content may contain hyperlinks to other resources and businesses on the Internet. Those links are provided for your convenience to help you identify and locate other products, services and Internet resources that may be of interest, and are not intended to represent or imply that DH Pace sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.
Disclaimer of Warranties
DH Pace makes no express or implied warranties, representations or endorsements whatsoever with respect to this Website or any Content. DH Pace expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to this Website or any Content. DH Pace does not warrant that the functions performed by this Website will be uninterrupted, timely, secure or error-free, or that defects in this Website will be corrected. DH Pace does not warrant the accuracy or completeness of this Website or Content, or that any errors in the Content will be corrected. This Website and Content are provided on an “as is” and “as available” basis.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DH PACE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DH PACE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DH Pace controls and operates this Website from Olathe, Kansas. Any claim relating to this Website shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Johnson County, Kansas or the United States District Court for the District of Kansas. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Kansas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Compliance with DH Pace’s privacy and intellectual property policies
How DH Pace Collects and Uses Information
DH Pace also collects, stores and analyzes log files, including IP addresses and Website usage data, from its servers. For example, DH Pace collects information on what Content users view and the purchases users make. DH Pace collects information to assist DH Pace in the maintenance, administration and improvement of the Website. DH Pace may share information with technology and business partners or may use information for research purposes, but DH Pace will refer only to aggregate data, not specific user identifying information. In addition, DH Pace may combine your information with information that DH Pace collects from other companies to manage, administer, enhance and personalize the Website, Content and Website advertising.
DH Pace uses “cookie” technology that allows its servers to deposit codes on a user’s computer. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you may not be able to take full advantage of the Website. DH Pace uses its own cookies for a number of purposes, including to access your information when you “sign in;” keep track of preferences you specify while you are using the Website; display the most appropriate advertising banners, based on your interests and activity on the Website; estimate and report DH Pace’s total audience size and traffic; and conduct research to improve the Website and Content. This information also is used for research purposes in the course of providing, administrating and enhancing the Website’s features and functions. DH Pace’s cookies do not collect Personal Information and DH Pace does not combine information collected through cookies with other Personal Information to tell us who you are or what your User Name or email address is.
DH Pace also employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps DH Pace better manage the Website by informing us what Content is effective or popular. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. DH Pace does not tie the information gathered by clear gifs to your Personal Information.
Security of Your Personal Information
DH Pace implements physical, electronic and managerial procedures to safeguard and secure the Personal Information it collects. You need to work to protect against unauthorized access to your computer by signing off once you have finished using a shared computer. DH Pace follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once DH Pace receives it. No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while DH Pace strives to use commercially acceptable means to protect your Personal Information, DH Pace cannot guarantee its absolute security. Under no circumstances will DH Pace be responsible or liable for any loss or damages, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your Personal Information. If you have any questions about security on the Website, you can email DH Pace at [email protected]
Ecommerce- Purchases Through the Website
DH Pace does not knowingly collect or use personal information from children under 18. We are not responsible for the data collection and use practices of third party websites to which to which this Website may link. For more information about the Children’s Online Privacy Protection Act (COPPA), visit www.ftc.gov.
You may choose not to provide DH Pace with any Personal Information. If you not provide Personal Information, you may not be able to take full advantage of the Website, including placing orders or purchasing products or services through the Website. If you do not wish to receive information or promotional materials from DH Pace or from our partners or affiliates that are not related to your order(s), you may unsubscribe by emailing [email protected].
Disclosing Personal Information
DH Pace employs other companies and people to perform tasks on our behalf and needs to share your information with them to improve and enhance the Website and Content. Examples include, but are not limited to, processing credit card payments, analyzing data, providing marketing assistance and providing customer service. Our advertising partners may collect information about your visits to this Website, such as the date, duration and number of visits, but will not use any personal identifying information like your name, address, email address or phone number.
Without limiting the above, in an effort to respect your privacy and DH Pace’s ability to keep the community and its Website free from bad actors, DH Pace will not otherwise disclose your Personal Information to law enforcement, other government officials or other third parties without a subpoena, court order, legal process or substantially similar legal procedure, except when DH Pace believes in good faith that the disclosure of information is necessary to protect DH Pace ‘s rights, prevent imminent physical harm or financial loss or to report suspected illegal activity.
Intellectual Property Policy
DH Pace has adopted the following general policy for copyright infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Pursuant to the DMCA, notices of claimed copyright infringement must be submitted to DH Pace’s Designated Agent for this Website as described below.
1901 E . 119th St.
Olathe, KS 66061
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that any content on this Website is infringing your intellectual property rights, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the Content infringes upon your intellectual property, please contact an attorney before contacting DH Pace.
If you believe that any content residing on or accessible through this Website infringes a copyright or other intellectual property right, to provide DH Pace of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification”). Your notice must specify the type of infringement and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed;
- Identification in sufficient detail of the material being infringed, including the relevant copyright registration number;
- Identification of the content that is claimed to be infringing the identified intellectual property right. Include information regarding the location of the infringing content with sufficient detail so that DH Pace is capable of finding and verifying its existence;
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting DH Pace on the owner’s behalf, the address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
B. Removal of Allegedly Infringing Material
Once a proper Infringement Notification is received by DH Pace’s Designated Agent, DH Pace may respond to a proper notice claimed of copyright infringement by (i) removing or disabling access to any content claimed to be subject of infringing activity; and (ii) terminating the Account and Website Access of repeat offenders. If DH Pace removes or disables access in response to such a notice, DH Pace will make a good-faith attempt to contact the allegedly infringing user so that the user may submit a counter notification. Whether to reinstate the objected to content is solely within the discretion of DH Pace.
C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that your content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not your content infringes the identified intellectual property, please contact an attorney before contacting DH Pace.
If a Website user believes that his or her content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post your content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.
- Your physical or electronic signature;
- Identification of your content that has been removed or to which access has been disabled and the location at which your content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the you have a good faith belief that your content was removed or disabled as a result of mistake or misidentification of such content;
- Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining user’s address is located, or if your address is located outside the United States, for any judicial district in which DH Pace is located, and that you will accept service of process from the complaining user who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, DH Pace may send a copy of the counter-notice to the original complaining party informing that person that DH Pace may replace the removed content or cease disabling it in ten (10) business days. Unless the intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at DH Pace‘s discretion.
Please contact DH Pace’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:
1901 E . 119th St.
Olathe, KS 66061