Terms & Conditions
Welcome to the Website of Dotomi, a ValueClick Company.
Last Revised: 05/16/2013
By using www.dotomi.com you agree to the terms and conditions herein, which relate to your use of this site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the top of these terms and conditions.
Notice of Intellectual Property, Service/Trademark Rights
Nothing on this website shall be construed as conferring any license to use intellectual property rights (“IP”), or trademarks, logos, and service marks (collectively "Marks") appearing on this website. The Marks Dotomi®, Adtopia®, Intelligent-RetentionSM, Intelligent-AcquisitionSM, EXACCT, IntelligentAdSM, Taking Media PersonallySM, PromobuilderSM, TradeAdvantageSM, Personalization EditorSM, and Dotomi MotivatorsSM are registered and unregistered trademarks and/or service marks owned by Dotomi in the United States and certain other countries throughout the world. Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without the written permission of Dotomi. Any misuse of the Marks or any content herein is strictly prohibited and may violate trademark laws. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the site and its services is protected by copyright, trademark, patent, or other proprietary rights of Dotomi and its, licensors, and service providers. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its products and services.
Links to the site without Dotomi’s express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the site or any of its content in any form and by any method is expressly prohibited.
Links to Other Sites
This website has links to third party websites that Dotomi does not control. Access to any such website is not the responsibility of Dotomi and Dotomi is not responsible for the accuracy, or reliability of any content on such websites. Dotomi provides these links merely for your convenience and the presence of such third-party links are not an endorsement by Dotomi.
Warranties, Disclaimers, and Limitation of Liability
The materials and information on this site are provided "as is," without any warranty expressed or implied; and may be out of date or contain inaccuracies, omissions, or other errors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE, INCLUDING ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED HEREIN, SHALL BE AT YOUR SOLE RISK; (ii) THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) DOTOMI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR TITLE AND NON-INFRINGEMENT; (iv) DOTOMI MAKES NO WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED; (v) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; AND (vi) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DOTOMI SHALL NOT BE LIABLE FOR ANY DAMAGES, WHATSOEVER, INCLUDING, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH, ACCESS TO, OR USE OF THIS SITE OR ANY LINKED THIRD PARTY WEBSITE.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause of this Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
By using this site you agree to indemnify and hold harmless Dotomi from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the site, your use of the products and services, or your submission of ideas and/or related materials to Dotomi or from any person's use of any ID, membership or password you maintain with any portion of the site, regardless of whether such use is authorized by you.
Feedback or Submissions
Unless specifically provided otherwise by Dotomi, all feedback or submissions of any kind submitted to this website are hereby received on a non-confidential basis and shall become the property of Dotomi. By submitting any such information to Dotomi, you agree to a royalty-free assignment to Dotomi of only the information you submit. We will take reasonable steps to keep the information private; however, Dotomi is not legally required to do so.
Governing Law and Jurisdiction
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver, and Merger. This website is operated and controlled by Dotomi in Chicago, Illinois in the United States of America. All matters relating to your access to or use of this website shall be governed by Illinois law. Any legal action or proceeding relating to access, content, or use of this website shall be in a state or federal court located in Chicago, Illinois. If any provision of these terms and conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Dotomi's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dotomi as a result of these terms and conditions or your use of the site. Our performance of these terms and conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by us with respect to such use.