dgMarket - Terms and Conditions
1. Acceptance of terms
dgMarket® ("Service") is an information service from Development Gateway, Inc. ("Development Gateway" or "We"). By registering with the Service, you ("User" or "you") agree to be bound by all of the terms and conditions set forth below. The Development Gateway may change the terms in this Agreement at any time without notice to you. When the terms are changed, the changes will appear in this document. By using the Service after any change in the Agreement is posted, you agree to be bound by all of the changes as well. You should consult this page each time you access the Service.
2. Login and Password
Access to and use of the Service is through a combination of an email address ("login") and password. You agree that such access will not be shared with others. You may not access the Service using the login or password of any other party. Users are responsible for maintaining the confidentiality of their login and password. Users shall be responsible for all uses of their login, whether or not they are authorized. Users agree to immediately notify dgMarket of any unauthorized use of their login or password.
3. Fees, Payment and Cancellation Policy
Full access to the Service requires payment of fees. Users shall pay all appropriate fees, as described under Membership Options in accordance with the selected subscription model. dgMarket reserves the right to change its fees or services and/or to institute new charges at any time, with notice posted under Membership Options. Use of the Service by the user following notification shall constitute acceptance of any new or increased charges. Users have 30 days from the date that any discrepancies in the confirmation email of their order first appear to notify the Development Gateway; after that time all charges will be deemed correct.
4. Limited Use
You acknowledge and agree that all content and all materials available through the Service is the property of the Development Gateway or its licensors and may be protected by copyright and other intellectual property laws. Information received through the Service may be displayed, reformatted and printed only to the extent permitted by applicable licenses for use by you or your company or organization as end users, and not for resale. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through the Service to anyone, outside your company or organization, without the express prior written consent of the Development Gateway, with this one exception: Users may, on an occasional and irregular basis, include insubstantial portions of information from the Service in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available to a limited number of individuals, companies or organizations. Users must include in all such memoranda, reports and presentations any applicable copyright notices from the information used, original source attribution, and the phrase "Reprinted with permission of the Development Gateway, Inc." Users may not post any content from the Service to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of the Development Gateway. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Development Gateway is prohibited. The Development Gateway reserves the right to discontinue or change the Service, or its availability to you, at any time without notice.
5. Disclaimer of Warranties and Liability
Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. THE DEVELOPMENT GATEWAY AND ITS AFFILIATES, AGENTS, AND LICENSORS PROVIDE THE SERVICE "AS IS" AND CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER THE DEVELOPMENT GATEWAY, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO USERS OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL THE DEVELOPMENT GATEWAY, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO USERS OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THEM IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS AGREE THAT THE LIABILITY OF THE DEVELOPMENT GATEWAY, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE SHALL NOT EXCEED THE AMOUNT USERS PAID TO THE DEVELOPMENT GATEWAY FOR USE OF THE SERVICE.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall exclusively be governed by and construed in accordance with the laws of the United States of America and, as applicable, the District of Columbia, USA. Any dispute, claim or controversy arising out of or in any way related to this agreement shall be submitted for resolution before, and each party expressly consents to the exclusive jurisdiction and venue of the Superior Court of the District of Columbia or the federal courts located in the District of Columbia. Any judgment thereon may be entered or otherwise enforced in any court of competent jurisdiction in any country, and you waive objection to the enforcement of a United States federal court or District of Columbia decree as a foreign judgment decree in your national courts.