Daigre Global, LLC Terms and Conditions of Services
Definitions and Interpretation
In this Agreement, the following words have the following meanings:
"Order" means an online order agreed by You and Daigre Global, LLC, products the Business Tacklebox and Work From Home Tacklebox, hereinafter, Daigre Global, LLC;
"Account" means a Daigre Global Teams, LLC online testing account that DAIGRE GLOBAL, LLC has agreed to supply to You in an Order;
"You", "Your" means the person or single organization purchasing the Account.
"Software" means DAIGRE GLOBAL, LLC-owned source code and compiled code used as part of the Account.
"System" means software, hardware, firmware, transmission lines, related technology, Internet connection(s), knowhow, processes, tests, content and other elements of provision of the Account to you provided by DAIGRE GLOBAL, LLC.
"Tests or Assessments" means the content, programming, methodology, algorithms, and questions made available to You through your Account.
This Agreement sets forth the terms and conditions, which apply to the use by You of DAIGRE GLOBAL, LLC’s online testing Account on a subscription basis as set forth in this Agreement, and per the details of the Order. The right to use the Account is personal to You and is not transferable. The Account will allow You to access the Software. All references made throughout this Agreement to the "Account" shall also be inclusive of the Software, unless otherwise noted.
Acceptance of the Agreement through Use.
DAIGRE GLOBAL, LLC makes the Account available on this website subject to the following terms and conditions of use (the "Agreement"). By placing an Order and using the Account, You represent to DAIGRE GLOBAL, LLC that You have read, understood, and agree to all terms, conditions, and notices contained or referenced in this Agreement and on the website and agree to follow all applicable laws and regulations.
Changes to the Agreement.
DAIGRE GLOBAL, LLC may modify this Agreement from time to time by posting a modified Agreement under the Help link. Your continued use of the Account thereafter will constitute agreement to such modifications. You are responsible for reviewing this Agreement from time to time so that You are apprised of any changes.
Disclaimer for The Business Tax Organizer
Thank you for purchasing the Uncover Money-saving Tax Deductibles (UMTD) workbook. We hope it will save you time with finding and compiling taxable deductions in an easy and organized manner. The Uncover Money-saving Tax Deductibles Workbook can be used for 2018 and 2019 tax years. The creators of the UMTD workbook are not tax specialists. Rather, the workbook is designed solely as a tool to assist with your personal or business tax reporting. Recognizing that every person's tax situation is different, we do not guarantee or warrant the results obtained from using the workbook, nor can we warrant or guarantee that the list of deductible categories is a complete representation of all possible deductions. Finally, for the above stated reasons, the listed categories, sections, the UMTD workbook itself and any other principles, rules, calculations, instructions, legal or taxable interpretations, whether implied or stated, are not tax advice nor should any assumption by the workbook user be construed as tax advice in any manner. Always consult an attorney or tax professional regarding your specific legal or tax situation.
By downloading the UMTD workbook I release and hold harmless the creators and marketers of the UMTD workbook and expressly waive any and all claims, whatsoever, that I may have or believe I have, against them. I also understand that I am downloading a non-refundable digital product wholly owned by DAIGRE GLOBAL, LLC, and that this product is provided for my personal use only and should not be copied or shared without the express written permission of DAIGRE GLOBAL, LLC. Click here to acknowledge agreement these terms and to obtain the workbook.
Restrictions on Account Use.
The use of the Account is restricted to North America-based users only, unless otherwise specifically agreed to by DAIGRE GLOBAL, LLC, and You agree by accepting this Agreement that You are not located outside North America or its territories. The Account may be used by You only to meet Your internal business requirements, including testing employees or potential employment candidates, either locally or remotely, and for performing administrative functions pertaining thereto, and for no other purpose. Notwithstanding the foregoing, You may contract with staffing firms to use your Account only for the purpose of testing, provided that, You are responsible under the terms of this Agreement for their actions and ensuring that it (they) agree to these terms and that DAIGRE GLOBAL, LLC is expressly made a third party beneficiary of such agreement.
Except to the extent required by law, You shall not (and shall not permit any employee or other third party to) copy, use analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to the Account in order to ascertain, derive and/or appropriate for any reason or purpose, the source code or source listings for the Account or any trade secret information or process contained in the Account. You shall not alter or remove any notices, graphics or text contained in the Account or modify the Account in any manner without the express written permission of DAIGRE GLOBAL, LLC. You may not rent, lease or sub-license the Account to others not bound by this Agreement, in any way whatsoever. The Account may not be incorporated into any third-party product or service without the express written permission of DAIGRE GLOBAL, LLC.
YOUR RIGHTS IN THE ACCOUNT ARE LIMITED TO THOSE EXPRESSLY GRANTED IN THIS AGREEMENT. DAIGRE GLOBAL, LLC RESERVES ALL RIGHTS AND LICENSES IN AND TO THE ACCOUNT NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT.
Intellectual Property.
DAIGRE GLOBAL, LLC transfers no right, title or interest in its information or other intellectual property to You. You are expressly prohibited, without limitation, from (i) copying or capturing the Tests or assessment questions; (ii) reverse engineering the Tests, scoring or any other part of the System; (iii) creating data that would allow reverse engineering of the Tests or System; (iv) conducting validation studies without written consent from DAIGRE GLOBAL, LLC; (v) conducting statistical analyses on the results of the Tests; or (vi) administering DAIGRE GLOBAL, LLC's assessment tools for any other party's use.
You acknowledge that disclosure or use of information in violation of this Agreement could cause irreparable harm to DAIGRE GLOBAL, LLC for which monetary damages may be difficult to ascertain or are an inadequate remedy. You therefore agree that DAIGRE GLOBAL, LLC will have the right to seek injunctive relief for any violation of this Agreement, in addition to any other rights and remedies that DAIGRE GLOBAL, LLC may have at law or in equity.
Term. The term of this Agreement shall commence upon the date of Your initial Order and shall continue thereafter for twelve (12) months or the finite number of program operations as dictated by the online Order process, whichever comes first (the "Term"), unless You place another Order within the Term to maintain Your access to the Account. The Term and all licenses granted hereunder shall automatically and immediately terminate if You fail to maintain Your access to the Account within the Term, or if You fail to comply with the provisions of this Agreement.
Security. You shall (and shall cause all of Your authorized employee users) to maintain the confidentiality of any password used to access the Account. You are responsible for all activity that occurs under passwords issued to Your employees. You shall provide DAIGRE GLOBAL, LLC with user names and e-mail addresses to all those authorized to access the Account on request by DAIGRE GLOBAL, LLC or when there is a change to the list of those authorized to use the Account.
Warranties.DAIGRE GLOBAL, LLC will use commercially reasonable efforts, according to industry standards, to provide Account access on a 24-hour- a-day, 7-days- per week, 365-days-per-year basis. DAIGRE GLOBAL, LLC does not warrant that the Account will be provided without interruption or that the Account is error free or that it shall meet all Your needs or that it is shall be free from interruption or that data thereon will be complete or uncorrupted. Notification of known downtimes for maintenance purposes shall be provided to users via the Account login process at least three (3) business days before the occurrence of such known downtimes. You are solely responsible for the accuracy and integrity of Your own data, reports, documentation, security, and for maintenance and upkeep of non-DAIGRE GLOBAL, LLC components that are not part of the Account or Software.
Your exclusive remedy and DAIGRE GLOBAL, LLC’s sole obligation, in the event of any warranty claim or any other alleged breach of contract shall be for DAIGRE GLOBAL, LLC to repair or replace the defect. No refunds will be provided by DAIGRE GLOBAL, LLC.
EXCEPT AS OTHERWISE PROVIDED HEREIN, DAIGRE GLOBAL, LLC AND ITS AFFILIATES MAKE NO, AND DISCLAIM ANY AND ALL, WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE ACCOUNT, WHETHER SUCH WARRANTIES AND REPRESENTATIONS ARE EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS AGREEMENT, OR ANY OTHER MATERIALS OR COMMUNICATIONS WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE OF PERFORMANCE.FURTHERMORE, DAIGRE GLOBAL, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM THAT THE ACCOUNT WILL MEET YOUR NEEDS, OR THAT THE SYSTEM WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, AND DAIGRE GLOBAL, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES.
Indemnity.You will not use the Account for any unlawful purpose, or for any purpose not permitted by this Agreement. You agree to indemnify, defend and hold harmless DAIGRE GLOBAL, LLC, its officers, directors, employees, representatives, subsidiaries and affiliates from any claim, loss and expense (including REASONABLE attorneys' fees) related to or arising out of Your violation of this Agreement and/or Your use of the Account. If You violate any provision of this Agreement, DAIGRE GLOBAL, LLC may terminate Your access to the Account without notice.
LIMITATION OF LIABILITY.NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, WHETHER INCURRED AS A RESULT OF NEGLIGENCE OR OTHERWISE, IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE INCURRENCE OF ANY SUCH DAMAGES. DAIGRE GLOBAL, LLC'S LIABILITY DAMAGES INCURRED IN CONNECTION WITH THE ACCOUNT PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING AS A RESULT OF ANY NEGLIGENCE ON THE PART OF DAIGRE GLOBAL, LLC OR ITS AFFILIATES, SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU TO DAIGRE GLOBAL, LLC FOR THE PARTICULAR TEST(S) GIVING RISE TO SUCH DAMAGES. FURTHER, DAIGRE GLOBAL, LLC WILL HAVE NO LIABILITY FOR ANY CAUSE OF ACTION AGAINST DAIGRE GLOBAL, LLC WHICH BECAME KNOWN TO YOU, OR SHOULD HAVE BEEN KNOWN TO YOU WITH REASONABLE INVESTIGATION, WITHIN TWO (2) YEARS FROM THE EXPIRATION OR TERMINATION OF THIS AGREEMENT BUT YOU FAILED TO PROVIDE ACTUAL NOTICE TO DAIGRE GLOBAL, LLC WITHIN SUCH TWO YEAR PERIOD AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
Governing Law.The interpretation and construction of this Agreement and all matters relating hereto and thereto, shall be governed by the laws of the state of Georgia in the United States of America; applicable to agreements executed and to be performed solely within such state exclusive of conflicts of laws principles.
Severability. If any provision of this Agreement is held to be unenforceable, the remaining provisions shall be unaffected. Each provision of that which provides for a limitation of liability, disclaimer of warranties, or exclusion of remedies is severable from and independent of any other provision.
Relationship of Parties. DAIGRE GLOBAL, LLC is acting only as an independent contractor. Neither party shall act nor represent itself, directly or by implication, as an agent of the other. Each party shall be responsible for the direction and control of its employees, subcontractors, and/or consultants and nothing under this Agreement shall create any relationship between the employees, subcontractors and/or consultants of DAIGRE GLOBAL, LLC and You, respectively.
Non-Waiver. DAIGRE GLOBAL, LLC's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
By clicking "Accept Terms," You acknowledge and agree that You have fully read, understood and agree to be bound by these terms. If You reject these terms, You will be denied access to the Account and will not be permitted to make an Order.