Acceptance of Terms

The following terms and conditions (the “Terms”) shall govern your access to and use of the websites operated by Digital Command Inc. and its affiliates (collectively, “Digital Command”), including DigitalCommand.com (each a “Website” and collectively, the “Websites”). The Terms are a legal contract between you and Digital Command, and by using a Website or any services provided thereon, you agree to be bound by the Terms. If you do not agree to all of the Terms, do not use any Website or any service.

Modifications to Terms

Digital Command may make changes to any Website or services offered on the Websites and can change the Terms at any time by posting the updated Terms on the applicable Websites. Your continued use of the Websites or services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms posted on the Websites periodically for updates and changes.

Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined by us, may harm us or users of the Website.
• To impersonate or attempt to impersonate Digital Command, Inc., a Digital Command employee, another user, or any other person or entity.

Use at Own Risk – Disclaimer of Warranties

ALL DATA PROVIDED ON THE WEBSITES AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Your use of the Websites and any services is at your own risk. None of the information or data on the Websites, including third-party content, has been verified or authenticated. Any such information or data on the Websites may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. Digital Command may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Digital Command shall have no liability for any errors or omissions in such information or data, including third-party content, whether provided by Digital Command or others.

No Confidential Information Accepted

Digital Command does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary information from you through the Websites. Any information or material divulged during chats, posted to newsgroups, or sent to Digital Command will be deemed NOT to be confidential by Digital Command. By the submission of any information or material, you grant Digital Command an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree Digital Command is free to use any idea, concept, know-how, or technique that you send to us or share with us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

• We obtain your permission to use your name;
• We first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it;
• We are required to do so by law.

Software and Services

COPYING OR REPRODUCTION OF ANY SOFTWARE OR SERVICES RELATING TO, OR AVAILABLE THROUGH, THE WEBSITES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Design/Layout

The design or layout of this DigitalCommand.com website, or any other Website owned, operated, licensed, or controlled is the property of Digital Command. Elements of the Websites are protected by copyright, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Website may be copied or retransmitted unless expressly permitted by Digital Command.

Third Party Websites and Content

Digital Command makes no representations whatsoever about any other websites, products, or services which you may access through the Websites. When you access another website, or a third-party website from a Website, please understand that it is independent of Digital Command, and that Digital Command has no control over the content on that website. In addition, a link to a non-Digital Command website does not mean Digital Command endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Limitation of Liability

IN NO EVENT WILL DIGITAL COMMAND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO USE OF THE WEBSITES OR SERVICES, OR ON ANY OTHER HYPERLINKED OR THIRD-PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, HOWEVER ARISING, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Obligations and Responsibilities

Digital Command products and services are governed solely by the agreements under which they are sold or licensed. Always check your software license and service agreements to make sure that neither you, nor your application, infringe the intellectual property rights of others. You must have the consent of the licensor or owner of the software before accessing or modifying it, if allowed.

SMS

By providing your mobile number and opting in to receive SMS communications, you agree to the following terms:

1. Consent to Receive SMS Messages
   By subscribing to our SMS services, you agree to receive periodic text messages (SMS and MMS) regarding updates, promotions, and other communications related to our services. Message frequency varies.

2. Opt-Out
   You may opt-out of receiving SMS messages at any time by replying “STOP” to any text message you receive from us. After opting out, you will no longer receive SMS messages, except for service-related or transactional messages, if applicable.

3. Fees and Charges
   Message and data rates may apply depending on your carrier and mobile plan. By opting in, you accept responsibility for any SMS charges billed by your carrier.

4. Supported Carriers
   Our SMS services are supported by major carriers but are not guaranteed to work on all mobile devices or with all carriers.

5. Limitation of Liability
   We are not responsible for delayed or undelivered messages caused by carrier issues or other circumstances outside our control.

6. Changes to Terms
   We reserve the right to modify or terminate our SMS services and these terms at any time. Updated terms will be posted on this page.

Trademarks/Copyrights

The Digital Command and affiliate names, and all Digital Command and affiliate products and services referenced herein are either trademarks or registered trademarks of Digital Command and its affiliates. Digital Command has made every effort to supply trademark information about the company names, products, and services mentioned on this website. All third-party trademarks represented on this website may be the property of their respective owners.

Local Laws and Export Control

Digital Command controls and operates the Websites from its headquarters in the United States of America, and the services, information, and data on the Websites may not be appropriate for use in other locations. If you use the Websites or services outside the United States of America, you shall be responsible for following the applicable export/import control laws and all applicable local laws.

General

Digital Command prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of the Terms, as determined by Digital Command, will result in termination of your access to the Websites or services. Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Digital Command’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and Digital Command and supersede all prior or contemporaneous negotiations, discussions, or agreements, written or oral, between you and Digital Command about the Websites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and general provisions shall survive any termination of the Terms.