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Terms of Use

Diamond Traffic Products Terms of Service

1. Your relationship with Diamond Traffic Products

1.1 Your use of Diamond Traffic Products' web sites and the services provided through such web sites (referred to collectively as the "Services") is subject to the terms of a legal agreement between you and Diamond Traffic Products, a division of High Leah Electronics, Inc. "Diamond Traffic Products " means High Leah Electronics, Inc., dba Diamond Traffic Products, whose principal place of business is at 76433 Alder Street, Oakridge, Oregon, United States, together with Diamond Traffic Products ' subsidiaries and affiliated legal entities. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise set forth in a separate agreement with Diamond Traffic Products that addresses your use of the Services, your agreement with Diamond Traffic Products will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms."

1.3 Your agreement with Diamond Traffic Products will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms." Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Diamond Traffic Products in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms will take precedence in relation to that Service. The Terms do not apply to any products or services purchased from or provided by Diamond Traffic Products other than the Services. The legal obligations regarding such other products and services may be set forth in a separate agreement, purchase order, applicable terms and conditions or other document(s).

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Diamond Traffic Products in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Diamond Traffic Products will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Diamond Traffic Products , or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Provision of the Services by Diamond Traffic Products

3.1 Diamond Traffic Products is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Diamond Traffic Products provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that Diamond Traffic Products may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Diamond Traffic Products ' sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Diamond Traffic Products when you stop using the Services.

3.3 You acknowledge and agree that if Diamond Traffic Products disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of a registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Diamond Traffic Products will be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Diamond Traffic Products. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and will ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that Diamond Traffic Products has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Diamond Traffic Products may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 You agree that you will be solely responsible to Diamond Traffic Products for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Diamond Traffic Products immediately by sending us an e-mail at support@diamondtraffic.com.

6. Privacy and your personal information

6.1 For information about Diamond Traffic Products ' data protection practices, please read Diamond Traffic Products ' privacy policy at http://diamondtraffic.com/page/Privacy-Policy. This policy explains how Diamond Traffic Products treats your personal information, and protects your privacy, when you use the Services.

6.2 You agree to the use of your data in accordance with Diamond Traffic Products ' privacy policies.

7. Proprietary rights

7.1 You acknowledge and agree that Diamond Traffic Products (or Diamond Traffic Products ' licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Diamond Traffic Products and that you will not disclose such information without Diamond Traffic Products ' prior written consent.

7.2 Nothing in the Terms gives you a right to use any of Diamond Traffic Products ' trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

7.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Diamond Traffic Products , then you agree that your use of such features will be in compliance with that agreement, any applicable provisions of the Terms, and any Diamond Traffic Products brand feature use guidelines made available to you from time to time.

7.4 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

7.5 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. License from Diamond Traffic Products

8.1 Diamond Traffic Products gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use any software provided to you by Diamond Traffic Products as part of the Services as provided to you by Diamond Traffic Products (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Diamond Traffic Products , in the manner permitted by the Terms.

8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law.

8.3 You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

9. Software updates

9.1 The Software which you use may automatically download and
install updates from time to time from Diamond Traffic Products. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Diamond Traffic Products to deliver these to you) as part of your use of the Services.

10. Ending your relationship with Diamond Traffic Products

10.1 The Terms will continue to apply until terminated by either you or Diamond Traffic Products as set out below.

10.2 If you want to terminate your legal agreement with Diamond Traffic Products , you may do so by (a) notifying Diamond Traffic Products at any time and (b) closing your accounts for all of the Services which you use, where Diamond Traffic Products has made this option available to you. Your notice should be sent, in writing, to Diamond Traffic Products ' address which is set out at the beginning of these Terms.

10.3 Diamond Traffic Products may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
(B) Diamond Traffic Products is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Diamond Traffic Products offered the Services to you has terminated its relationship with Diamond Traffic Products or ceased to offer the Services to you; or
(D) Diamond Traffic Products is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Diamond Traffic Products is, in Diamond Traffic Products' opinion, no longer commercially viable.

10.4 Nothing in this Section 10 will affect Diamond Traffic Products' rights regarding provision of Services under Section 3 of the Terms.

10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Diamond Traffic Products have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of paragraph 15.7 will continue to apply to such rights, obligations and liabilities indefinitely.

11. EXCLUSION OF WARRANTIES

11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, WILL EXCLUDE OR LIMIT DIAMOND TRAFFIC PRODUCTS ' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

11.3 IN PARTICULAR, DIAMOND TRAFFIC PRODUCTS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIAMOND TRAFFIC PRODUCTS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11.6 DIAMOND TRAFFIC PRODUCTS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMOND TRAFFIC PRODUCTS AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT WILL NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH DIAMOND TRAFFIC PRODUCTS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE DIAMOND TRAFFIC PRODUCTS WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12.2 THE LIMITATIONS ON DIAMOND TRAFFIC PRODUCTS ' LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE WILL APPLY WHETHER OR NOT DIAMOND TRAFFIC PRODUCTS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Third Party Web Sites; User Content

13.1 The Services may include hyperlinks to other web sites or content or resources. Diamond Traffic Products may have no control over any web sites or resources which are provided by companies or persons other than Diamond Traffic Products .

13.2 You acknowledge and agree that Diamond Traffic Products is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

13.3 You acknowledge and agree that Diamond Traffic Products is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13.4 You confirm and warrant to Diamond Traffic Products that, with respect to any content or information you submit to Diamond Traffic Products in connection with the Services, you (a) own such content, (b) have the legal right, power and authority necessary to submit such content and (c) will not breach any proprietary information, confidentiality or similar agreement with a third party by submitting such content to Diamond Traffic Products.

13.5 Diamond Traffic Products will treat the personal and business information you submit to Diamond Traffic Products as confidential. You agree not to submit any ideas, inventions, trade secrets or other proprietary content or information to Diamond Traffic Products, and that any such materials submitted to Diamond Traffic Products notwithstanding your foregoing agreement will not be treated as confidential.

14. Changes to the Terms

14.1 Diamond Traffic Products may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Diamond Traffic Products will make a new copy of the Universal Terms available at http://diamondtraffic.com/page/Terms-of-Use and any new Additional Terms will be made available to you from within, or through, the affected Services.

14.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Diamond Traffic Products will treat your use as acceptance of the updated Universal Terms or Additional Terms.

15. General legal terms

15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

15.2 The Terms constitute the whole legal agreement between you and Diamond Traffic Products and govern your use of the Services (but excluding any services or products which Diamond Traffic Products may provide to you under a separate written agreement), and completely replace any prior agreements between you and Diamond Traffic Products in relation to the Services.

15.3 You agree that Diamond Traffic Products may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

15.4 You agree that if Diamond Traffic Products does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Diamond Traffic Products has the benefit of under any applicable law), this will not be taken to be a formal waiver of Diamond Traffic Products ' rights and that those rights or remedies will still be available to Diamond Traffic Products .

15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

15.6 You acknowledge and agree that each member of the group of companies of which Diamond Traffic Products is the parent will be third party beneficiaries to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be third party beneficiaries to the Terms.

15.7 The Terms, and your relationship with Diamond Traffic Products under the Terms, will be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and Diamond Traffic Products agree to submit to the exclusive jurisdiction of the courts located within the county of Lane, Oregon to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Diamond Traffic Products will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

15.8 Where Diamond Traffic Products has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Diamond Traffic Products. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version will take precedence.