Digby Terms of Use

1. ACCESS. Digby ("Company"), pursuant to and governed by these Terms of Use ("Agreement"), makes available the Digby service ("Service"), solely for its subscribers' ("you" or "your") own us98e. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company reserves the right, at its discretion, to modify this Agreement at any time. You are responsible for reviewing and becoming familiar with any such modifications. You can access the latest version of these Terms of Use at any time by clicking the link in the "Settings" section of the software loaded on your device. Company may also notify you of changes via email or other electronic notification. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access and use the Service, and for ensuring that such equipment or ancillary services are and remain compatible with the Service.
2. SERVICE; MERCHANTS. The Service provides a way for you to order goods and services ("Products") from your handheld device. Company provides only the Service, and is not responsible or liable in any way for the Products, and you hereby release Company from any such responsibility or liability. You agree to pay for all Products purchased using the Service, except for Products returned in compliance with the applicable Merchant's policies. Prices for Products are set by Merchants and may change without notice. While Company makes every effort to update Merchant prices on a consistent basis, Company cannot guarantee that the prices presented by the Service are accurate or current. All complaints, concerns, post-sales support and other issues that may arise with respect to the Products must be addressed with the applicable merchant ("Merchant"), and not with Company. You agree that Company shall have no liability whatsoever for any use you make of the Service or the Products. You hereby agree to indemnify and hold harmless Company from any and all damages, liability, costs, and expenses (including attorney's fees) arising from claims related to your use of the Service and/or the Products. By using the Service and/or ordering Products, you may become subject to the applicable Merchant's terms and conditions, with which you agree to comply. In particular, with respect to Products purchased from Amazon.com, you agree to comply with Amazon.com's Conditions of Use (http://amazon.com).
3. RESTRICTIONS. You may not, directly or indirectly: modify, copy, distribute, reverse engineer, disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or remove any proprietary notices from, the software used to provide the Services, including without limitation any related software downloaded onto your handheld device (the "Software"). All title, ownership rights, and intellectual property rights in and to the Software, and all content included in the Service, and any copies or portions thereof, shall remain in Company and/or its Merchants and licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give you any rights not expressly granted herein.
4. SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the Software (collectively, "Support"). Any Support for the Software that may be made available by Company shall become part of the Software and subject to this Agreement.
5. WARRANTY DISCLAIMER. COMPANY MAKES NO WARRANTIES, CLAIMS OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR THEIR QUALITY, NATURE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. COMPANY PROVIDES THE SERVICE AND SOFTWARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. . PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT COMPANY MAKES AVAILABLE TO YOU THROUGH THE SERVICE COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF THE SERVICE AND SOFTWARE.
7. TERMINATION. You may terminate this Agreement and the license granted herein at any time by ceasing use of the Service destroying or removing all copies of the Software. Company may terminate this Agreement and the license granted herein immediately if you breach any provision of this Agreement. Upon receiving notice of termination from Company you will destroy or remove all copies of the Software. Sections 3 through 8 shall survive termination of this Agreement.
8. MISCELLANEOUS. You shall comply with all applicable export laws, restrictions and regulations in connection with your use of the Service and Software, and will not export or re-export the Software in violation thereof. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas.