PLEASE READ THESE TERMS CAREFULLY, AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND DNS.LIVE LLC.
In order to access or use DNS.Live, you need to be of legal age for those activities in the jurisdiction in which you are located. If you are not of legal age, you must not access or use DNS.Live.
DNS.Live is provided by, and you're contracting with DNS.Live LLC ("us" or "we"). We are organized under the laws of the State of Delaware, USA, and operating under the laws of the USA. Our address is 8550 W. Charleston Blvd., Unit 102 Box 104 Las Vegas, Nevada 89117.
Your access to or use of DNS.Live constitutes your binding agreement to these Terms, including the dispute resolution and arbitration provisions. If at any time you disagree with these Terms, you must refrain from using DNS.Live. These Terms contain the entire agreement between you and DNS.Live LLC, and supersede any prior agreements or arrangements with you that relate in any way to DNS.Live.
DNA.live LLC reserves the right to immediately terminate these Terms and any related services, if any.
Don't misuse our services. For example, don't interfere with our services or try to access them using a method other than the interface as provided. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don't remove, obscure, or alter any legal notices displayed in or along with our services.
Our services display some content that is not DNS.Live's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic or safety laws.
DNS.Live LLC does not log or collect any personal or other information or data about you or any user.
To the extent applicable, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
YOU UNDERSTAND THAT DNS.LIVE IS PROVIDED AS-IS. YOU AGREE THAT USE OF DNS.LIVE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DNS.LIVE LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DNS.LIVE LLC MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DNS.LIVE WEBSITE. DNS.LIVE LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DNS.LIVE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DNS.LIVE LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DNS.LIVE LLC SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
DNS.LIVE LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF DNS.LIVE OR ANY CONTENT MADE AVAILABLE THROUGH DNS.LIVE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DNS.LIVE LLC, EVEN IF DNS.LIVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING PARAGRAPH, DNS.LIVE LLC SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON DNS.LIVE OR ANY CONTENT MADE AVAILABLE THROUGH DNS.LIVE, NOR FOR YOUR INABILITY TO ACCESS OR USE DNS.LIVE OR ANY CONTENT MADE AVAILABLE THROUGH DNS.LIVE.
You shall indemnify, defend and hold harmless DNS.LIVE LLC and its affiliates and their respective members, shareholders, managers, directors, officers, employees, agents from and against any and all claims, demands, losses, liabilities and expenses, including reasonable fees of attorneys, accountants and other professionals, arising out of or in connection with (a) your use of DNS.Live or any content made available through DNS.Live, (b) your breach or violation of any of these Terms, or (c) your violation of the rights of any third party.
We may give notice to you by means of a general notice through DNS.Live. Notices that we deliver by a general notice through DNS.Live shall be deemed delivered when posted. You may give notice to DNS.LIVE LLC by certified mail, Federal Express, UPS or Express Mail (in each case signature required) to DNS.LIVE LLC, Attn: Legal Department, 8550 W. CHARLESTON BLVD., UNIT 102 BOX 104, LAS VEGAS, NEVADA 89117, USA, which shall be deemed effective and received when actually received by us.
You shall not assign these Terms without our prior written approval, and any purported assignment without that approval shall be void and of no effect. We may assign these Terms without your consent to any subsidiary or affiliate and to any purchaser of all or substantially all of its business to which these Terms relate.
If any provision of these Terms would be held in any jurisdiction to be invalid, prohibited or unenforceable for any reason, that provision, as to that jurisdiction, shall be ineffective, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. Notwithstanding the foregoing, if that provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in that jurisdiction, it shall, as to that jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
We may amend these Terms from time to time by posting an updated version of these Terms on DNS.Live, which will take effect when so posted. Your continued use of DNS.Live after any such update will constitute your agreement to the updated Terms. Accordingly, we encourage you to periodically review these Terms.
California law will govern all disputes arising out of or relating to these Terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Los Angeles County, California, USA, and you and we consent to personal jurisdiction in those courts.
To the extent that applicable local law prevents certain disputes from being resolved in a California court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying California law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and DNS.Live LLC regarding these Terms or the use of DNS.Live, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with DNS.Live LLC or any company, subsidiary, parent, vendor associated with DNS.Live LLC that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and DNS.Live LLC that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.Disputes may be settled outside of court.
Exclusions from Arbitration. YOU AND DNS.LIVE LLC AGREE THAT ANY CLAIM FILED BY YOU OR BY DNS.LIVE LLC IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY DNS.LIVE LLC IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 8550 W. CHARLESTON BLVD., UNIT 102 BOX 104, LAS VEGAS, NEVADA 89117, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH DNS.LIVE LLC THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH DNS.LIVE WEBSITE, YOU MUST SEND WRITTEN NOTICE TO DNS.LIVE LLC, 8550 W. CHARLESTON BLVD., UNIT 102 BOX 104, LAS VEGAS, NEVADA 89117, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: DNS.LIVE LLC: DISPUTE RESOLUTION" TO GIVE DNS.LIVE LLC. THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If DNS.Live LLC does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or DNS.Live LLC may pursue your claim in arbitration pursuant to the terms in this Section.No class action lawsuits.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND DNS.LIVE LLC SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or DNS.Live LLC elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because your Dispute with DNS.Live LLC may concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with DNS.Live LLC as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to DNS.Live LLC. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or DNS.Live LLC may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, DNS.Live LLC may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.