Terms of Use
DTEN, Inc. is the owner of the website http://www.dten.com (the “Site”) and interactive whiteboard products (collectively, “Products and Services” or “Service”). This document sets forth the terms and conditions (the “Terms of Use”, “Terms”) with respect to our Services, and incorporates by reference our Privacy Policy, Security Policy, Return Policy and Warranty Policy. It constitutes a legally binding agreement as of the Effective Date (as defined below), governing your access to, and use of our Services. These Terms are between DTEN, Inc. (“us”, “we”, “our”, or “DTEN”) and you, either individually, or on behalf of your employer or any other entity that you represent (“you” or “your”). In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or other such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR OTHER SUCH ENTITY (AS APPLICABLE): (I) IF YOU ARE USING YOUR EMPLOYER’S OR THE ENTITY’S EMAIL ADDRESS IN REGISTERING FOR THE SERVICE; AND (II) IF YOU ARE AN
THERE ARE VARIOUS TYPES OF USERS FOR THE SERVICE, THUS, EXCEPT WHERE INDICATED OTHERWISE “YOU” SHALL REFER TO CUSTOMER AND ALL TYPES OF USERS. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THESE TERMS, BY EITHER: (I) CLICKING ON A BUTTON OR CHECKING A CHECKBOX FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING, USING, OR ACCESSING THE SERVICES, WHICHEVER IS EARLIER (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE OUR SERVICES.
This Terms of Use applies only to our Services and does not apply to any third-party vendors linked to the Services. For access to the terms and conditions or privacy policies of linked websites, please go directly to such individual third-party vendor sites.
This Terms of Use is subject to change at any time by us, without prior notice to you, by our posting it on the Site. It is your obligation to review the Terms of Use from time to time. Any changes to the Terms of Use will be effective immediately upon our posting them to the Site, unless otherwise stated.
Your use of the Site indicates your acceptance of this Terms of Use. If you do not accept this Terms of Use, you may not use our Services. Your continued use of our Services will constitute your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of our Services. If you “bookmark” a portion of the Site or otherwise bypass the Terms of Use, you will still be bound by the Terms of Use. In accordance with federal, state, and local laws, we reserve the right to refuse service to any customer (other than race, national origin, or disability).
Our Service.
Service. We provide an all-in-one, plug and play videoconference room solution with interactive white boarding.
Modifications or Discontinuation of the Service. We reserve the right to add, modify or discontinue any feature, functionality, or any other tool, within our Services, at our own discretion and without further notice. However, if we make any material adverse change in the core functionality of our Services, then we will notify you by posting an announcement on the Site and/or via the Service or by sending you an email.
Occasionally we may make changes to these Terms for valid reasons, such as adding such functions or features to our Services, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide Customer with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending Customer an email.
Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.
No Contingency on Future Releases and Improvements. You hereby acknowledge that your purchase of our Services is not contingent on our delivery of any future release of any functionality or feature and/or improvements.
Ability to Accept Terms. Access and use of our Services means you represent and warrant that you have the requisite power and authority to understand and consent to these Terms.
Customer Reference. You acknowledge and accept that we have the right to use your name and logo to identify you as a customer and / or user of our Services, on our website, marketing materials, or otherwise by public announcements. Customer may revoke such right, at any time, by contacting support@dten.com.
Acceptable Use. Our Site is intended to facilitate the offering for sale of our Products and Services. A limited license is granted to you by us to view, download, and use a single copy of the Site solely for your personal, non-commercial use and only as an aid to shopping. The Site may be used in a manner consistent with this purpose, and only within the context of the Products, Services, and information set forth on the Site. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Site, unless you have our express written consent.
3.1 Restrictions. You may not collect listings of Products and Services, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any users. Any unauthorized use terminates the permission or license granted, in addition to all rights at law or in equity.
Intellectual Property Rights & License. Our Services, inclusive of materials, such as software, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks any and all related or underlying technology including modifications, enhancements or derivative works of the foregoing (collectively, “Materials”), are the property of DTEN and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and us, we retain all right, title, and interest, including all intellectual property rights, in and to the Materials.
Privacy and Security.
Security. We’re committed to being transparent about our security practices and helping you understand our approach. You can learn more about how we implement such security measures and procedures to assist in protecting your Collected Information in both the Privacy Policy and Security Policy.
Privacy Policy. As a part of accessing or using our Services based on the Product and Services you purchase, we may collect, access, use, and share certain Collected Information from and/or about you. Please read our Privacy Policy for a description of such data collection and use practices.
Data Processing Agreement (“DPA”). Based on the type of the Product and Services you purchase and if such Product and/or Services require DTEN to collect, process, or store any personal information, you may request our Data Processing Agreement for such processing of your Collected Information by DTEN, if applicable based on your location. You may request our DPA by creating a support ticket or emailing support@dten.com.
Third Party Services & Links.
Third Party Services. Our Services enable you to engage and procure certain third party services, products, applications, and tools (collectively, “Third Party Services”).
Independent Relationship. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, we merely act as an intermediary platform between you and such Third Party Services. We shall not, in any way, be responsible or liable with respect to any such Third Party Services. Your relationship with such Third Party Services and any terms governing your payment for, and use of, such Third Party Services, including without limitation, the collection, processing and use of your data by such Third Party Services, are subject to a separate contractual arrangement between you and the provider of a Third Party Service. We are not a party to, or responsible, in any manner, for the compliance by either you or the provider of the Third Party Services.
Integration with a Third Party Service and your Data. Through the Service you may enable an integration of our Services with Third Party Services, which will allow an exchange, transmission, modification, or removal of data between the Third Party Service and us (e.g. Zoom conference). You hereby acknowledge that any access, collection, transmission, processing, storage, or any other use of data by a Third Party Service, is governed by that Third Party Service, including any applicable privacy policy. We are not responsible for any access, collection, transmission, processing, storage, or any other use of data by the Third Party Service or for such Third Party Service privacy and security actions, inactions, or general practices.
Limitations of Liability. DTEN BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, SUCH THIRD PARTY SERVICE’S OPERABILITY OR INTEROPERABILITY WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES, AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICE’S OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT, MEET YOUR NEEDS.
Return Policy and Limited Warranty. If you are not satisfied with your purchase, or need information with regards to our Warranty, please visit our Return Policy or Warranty Policy for further instruction.
Warranty Disclaimer. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AND AGENTS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE AND OUR AFFILIATES, SUBCONTRACTORS, AND AGENTS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT OUR SERVICES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR AFFILIATES, SUBCONTRACTORS, AND AGENTS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU MAY SUFFER, THAT ARE BEYOND OUR CONTROL. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICE (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE AND/OR THE SITES.
Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE AND/OR OUR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFIT OR REVENUE, RECALL COSTS, CLAIMS FOR SERVICE INTERRUPTIONS OR FAILURE, INSTALLATION OR REMOVAL COSTS, COSTS OF SUBSTITUTE PRODUCTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR LEGAL EXPENSES, RESULTING FROM THE SALE OR USE OF ANY MERCHANDISE BOUGHT FROM US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND/OR OUR AFFILIATE’S (SEVERALLY AND NOT JOINTLY) MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $500.00 WITH SUCH REMEDIES BEING EXCLUSIVE AND IN LIEU OF ALL OTHERS.
Reasonable Allocation of Risks. You hereby acknowledge and confirm that the limitations of liability and warranty disclaimers contained in these Terms are agreed upon by you and us and that we both find such limitations and allocation of risks to be commercially reasonable and suitable for our engagement. Both you and us have relied on these limitations and risk allocation in determining whether to enter these Terms.
Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless DTEN, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these Terms; (b) any dispute between you and any third party product, service, or site, which you engaged through our Services; and (c) which arise or result from any unauthorized or illegal use or distribution of our Services.
Governing Law and Jurisdiction. Let us try to resolve the issue first. Please create a support ticket or contact support@dten.com to try to resolve any dispute. If a dispute is not resolved within 60 days of your complaint submission, you or we may proceed to formal dispute resolution. California Law governs these Terms without regard to conflicts of law principles. You and DTEN agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and DTEN consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements or rights.
Arbitration. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Both Parties Agree To Arbitrate. You and DTEN agree to resolve any claims relating to these Terms through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Arbitration Procedures. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Exceptions to Agreement to Arbitrate. Either you or DTEN may assert claims, if they qualify, in small claims court in San Francisco Bay Area or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
Class Action Waiver. Where permitted under applicable law, you and DTEN agree that each party may bring claims to the other party in your capacity as individuals only, and not as a plaintiff of class member in any purported class or representative action. Unless we both agree no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.
Service Level Agreement. We want to ensure we provide consistent and reliable IT service support, so we constantly monitor our support channels for critical issues. We use reasonable efforts to provide support in accordance with our Service Level Agreement, which is incorporated here by reference, but will not be responsible for any delays caused by you for reasons beyond our control. Please read our Service Level Agreement for more detailed information on our customer support objectives and policies.
General Provisions.
Translated Versions. These Terms were written in English, and may be translated into other languages for your convenience. If a translated (non-English) version of these Terms conflicts in any way with the English version, the provisions of the English version shall prevail.
Force Majeure. In the event we fails to perform any obligation pursuant to these Terms due to an “act of God,” or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of these Terms, provided we notify you of the existence and nature of the reason for the nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
Relationship of the Parties. These Terms and the use of our Services do not create a partnership, franchise, joint venture, agency, fiduciary duty, or employment relationship between us.
No Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
Notice. We shall use your contact details that we have in our records, in connection with providing you notices. You acknowledge that notices we provide you, in connection with these Terms and/or as otherwise related to our Services, shall be provided as follows: via our Services, including by posting on our Sites or posting in your account, text, e-mail, phone call, or mail. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt, or (ii) 24-hours of delivery.
Severability. These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.