iPOS Systems, dba Dejavoo and DeNovo, LLC (“
DeNovo”, “
we” or “
us”), has developed and
provides
certain software and
services, including, without limitation, a web portal, mobile devices based applications, which provide
merchants a
platform to manage its card payment terminals,pin pad devices and/or vending machines (“
Terminals”)
including:
handling various operational aspects of the Terminal; setup, submission of transactions batches, receive
messages
and notifications on various events related to the Terminal operation, as well as review and track the
transactions
details,electronic copies of the receipts and customers signatures, as well as offer the customers a built-in
terminal loyalty program as well as a cash register software (collectively, the “
Services”)). The
Services
also
offer a merchant the ability to offer its customers to digitally store receipts that were issued in its
business, as
well as offer various communication channels for the merchant to communicate with its customers (such as, but
not
limited to: text messages, emails, push notifications) regarding information and offers, as well as cash
register
software running on android and iOS that enables the merchant to perform sales, on line and off line, make
payments,
manage inventory, process orders/shopping carts, schedule appointments, manage employees working hoursand/or any
other servicesthat may be made available from time to time by such merchants or their affiliates.The Services
may be
accessed through the DeNovo website at www.dvmms.com/denovo/ (the “
Site”) or through DeNovo’s, SPIn Proxy
(for
example spinpos.net) and/or the iOS and Android mobile applications, which may also be known as DejaPayPro. The
Services also include any other features, content, or applications offered from time-to-time by DeNovo in
connection
with the Site or the applications.
In addition to the Services, we may introduce additional services or programs, as part of DeNovo or integrated
to it
by us or by our partners, that a merchant may decide to offer to its customers (such as: customer feedback
service
and various more advance customer retention programs including loyalty, pre-paid and gift card programs, close
loop
payment application and auxiliary application design for specific needs, such as Parking management) (the
“
ExpandedServices”). Such Expanded Services may require that you go through an additional registration
process and
additional applicable terms of service may be presented to you to accept and agree to or added as an update to
these
Terms for you to accept and agree to.
These Terms of Services (these “
Terms”) are a legally binding agreement between DeNovo and any visitor,
user
or
others who wish to access or use Services (“
you” or “
your”) and govern your use of the Services.If
you
are entering
into these Terms on behalf of a company, institution or other legal entity, you represent that you have the
authority to bind such entity and its affiliates to these Terms as its authorized representative, in which case
the
terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you
represent does not agree with these Terms, you must not accept these Terms, register for or use or access the
Services as an authorized representative.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES, AND CHECK THEM PERIODICALLY FOR CHANGES. BY
REGISTERING FOR, USING OR ACCESSING THE SERVICES OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS. IF
YOU
DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, YOU SHOULD NOT SEEK TO OBTAIN OR USE THE SERVICES.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE OR REPLACE THESE TERMSAT ANY TIME.
AMENDMENTS WILL BE EFFECTIVE UPON DENOVO POSTING OF SUCH UPDATED “TERMS OF SERVICE” ON ITS SITE. YOU AGREE TO
VISIT
THE SITE PERIODICALLY TO REVIEW ANY SUCH REVISIONS. BY CONTINUING TO ACCESS OR USE THE SERVICES FOLLOWING SUCH
POSTING WILL MEAN THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE AMENDMENTS.
1. ELIGIBILITY.
DeNovo reserves the right, in its sole discretion, to refuse to provide you with the Services. You are
solely
responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable
to
you,
and the right to access the Services is revoked where these Terms or use of the Service is prohibited or to
the
extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. By
creating an Account (defined below), you represent and warrant that you will not use the Services in
connection
with activities that violate applicable laws.
2. THE SERVICES, REGISTRATION AND ACCESS
2.1. The Services provide you with various management and/or administration interfaces enable you to
effectively
manage your Terminal/Cash Register and offer your customers various customer facing services and may be
complemented
by various communication channels allowing you to connect with your customers regarding information and
offers
and/or any other servicesthat may be made available from time to time by you or your affiliates(such as
special offers, announcements, discounts etc. (collectively “
Promotions”).
2.2. In order to access and use the Services, you must register for the Services, complete the sign
up and create an
account (the “
Account”), either directly through the Site, by installing the applicable mobile application,
by
contacting our Customer Service at: support@dejavoosystems.com, or through one of our resellers or a sales
representative, agent, affiliate or a partner or any other authorized representative of ours, or through
other sign up means which we make available from time to time (a “
Sign Up Process”).
2.3. Please note that we reserve the right to decline to provide the Services to any person or entity
for any or no
reason, to suspend, change or terminate the Services, at our sole discretion, with or without prior notice.
2.4. If and when you register for an Account or otherwise use the Services, you represent and warrant
that: (i) you
are of legal age and capacity to form a binding contract; (ii) you have provided us with accurate, current
and
complete information about yourself (including, but not limited to, your business name and address, email
address,
your phone number, payment method if required and contact person details) and you undertake to keep such
information
updated at all times while obtaining the Services; (iii) to the extent you represent several merchants or
franchises, that you are acting as their authorized representative, and that you agree to be responsible for
their
compliance with these Terms; and (v) your registration and your use of the Services will be consistent with
the
foregoing license, covenants and restrictions, is not prohibited by any applicable law and will not infringe
nor violate the rights of any other party.
In addition, you agree that you will comply with any laws, applicable to the use of the Services by you, and
that
you will not engage in any fraudulent conduct attempting to unlawfully use and take advantage of the
Services.
2.5. We also reserve the right, to suspend or terminate, according to our sole discretion and without
providing any
prior notice, your registration or access to the Services or the Site (including access provided to your
customers),
in the event that you breach any of these Terms, including without limitation, by failure to timely pay us
the fees for the Services, if applicable).
2.6. You are solely responsible for your Account activity. We urge you to keep your account password
secure and to
always log-off from the Services when leaving the device through which you accessed the Service unattended.
2.7. In addition, you are aware that the responsibility for obtaining and maintaining any hardware,
facilities,
connections or equipment required for the use of the Services (such as, computer, tablet, cash register,
payment
processing terminal, mobile device, internet connection and telecommunications), as well as any payments
associated
therewith, is yours alone. We are not and will not bear any liability for any cost, expense, loss or other
damage
you may suffer with respect to such hardware, facilities, connections or equipment, in connection with use
of the Services.
3. OWNERSHIP
3.1. The Services, including any enhancements, derivatives and improvements thereof, are the sole property
of
DeNovo. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations
(meaning
the collection, arrangement and assembly of information) and other content on the Site or the Services
(collectively, the “
Service Content”), and all software embodied in the Services or our servers or otherwise
used by
us to deliver the Services (“
Software”), are the proprietary property of DeNovo and/or its affiliates or
licensors
and are protected by copyright and other intellectual property laws.
3.2. Any rights with respect to the Software, Services, or Service Content (collectively, the “
DeNovo
Property”)
which are not expressly granted herein are reserved by us.
3.3. Any rights in the specific content provided by you or your trade names, trademarks, and logos shall at
all
times remain with you (“
User Property”). By registering for the Services, you grant us a non-assignable,
non-exclusive right to use the User Property solely for the purpose of providing the Services and as a
references on
our Site and communication materials. You hereby represent that you have the full right to use the User
Property
as
contemplated by the Services and that such property does not and will not infringe upon the copyright or any
other
proprietary right of any third-party.
4. LICENSE, RESTRICTION
4.1. We grant you a personal, revocable, non-assignable, non-transferable and non-exclusive right to access
and
use
the Services, provided that you fully comply with the provisions of these Terms.
4.2. You may not rent, lease, lend, sell, redistribute or sublicense the Services or any part thereof, or
any
other
part of the DeNovo Property. You may not copy, decompile, reverse engineer, disassemble, attempt to derive
the
source code of, modify, or create derivative works of the underlying platforms of the Services or any other
part
of
the DeNovo Property or in any other way manipulate the Services.
4.3. You may not remove any copyright, trademark or other proprietary notices that have been placed on
DeNovo
Property.
4.4. You may not exploit the Services in any unauthorized way whatsoever, including but not limited to, by
trespass
or burdening network capacity and you may not use the Services for any illegal purpose, or in violation of
any
applicable law, including, without limitation, laws governing intellectual property and other proprietary
rights,
data protection and privacy.
4.5. We reserve the right to apply limits on the use of the Services, for example, by limiting the available
features, or number of supported customers, based on the Services package you elect to register to and/or
acquire.
We further reserve the right to publish such limitations, have them differ from user to user, or change such
limitations at will, in each case in our sole discretion.
4.6. You may not access the Services other than by the interfaces provided by us or interfere with or
disrupt
their
proper operation.
5. RESPONSIBILITY FOR OFFERINGS
5.1. Any customer facing service, Promotion or other offering communicated by or on behalf of you to your
customers
through the Services (by whomever created) as well as any other communication between you and your customers
(collectively, “
Customer Communication”) are made at your own risk and expense. For avoidance of doubt, we
do
not
and will not assume any responsibility or liability with respect to any Customer Communication, even if we
have
assisted you in planning or conducting such Customer Communication.
5.2. You represent and warrant that the Customer Communication (i) will not infringe upon the intellectual
property
rights, moral rights, contractual rights, privacy rights or any other right of a third party; (ii) will not
contain
material that is obscene, defamatory, libelous, racially or ethnically insensitive, harassing, threatening
or
otherwise offensive; (iii) will not contain pornography or material that may be harmful to a minor; (iv)
will
not
contain any virus, worm, Trojan horse, or other harmful or disruptive component; (v) will not be misleading,
deceptive or unlawful; (vi) will be managed by you in a fair and non-abusive manner, in compliance with any
applicable law (including without limitation regarding advertising, marketing and promotional content and
services)
and in a respectful manner towards the customer; (vii) will not include any offerings which are prohibited
by
law.
5.3. You shall remain at all times solely responsible for the full accuracy, reliability, integrity, quality
or
validity of your Customer Communication, and all aspects thereof, including without limitation – the terms
and
conditions of such offerings and the quality of the goods or services offered by you. We shall not be liable
for
any
failure by you or a customer to comply with the terms and conditions of any customer facing service,
Promotions
or
other offerings made by you.
5.4. We reserve the right (but not obligation), at our sole discretion, to remove any Customer Communication
that is
reasonably likely, in our opinion, to violate these Terms, without prior notice, or require you to do so.
In any event, you shall be fully and solely responsible for any liabilities, injuries, losses or damages
caused
to
any customer in connection you’re your customer facing services and Customer Communications and we shall not
assume
any responsibility or liability with respect thereto.
You grant us a non-exclusive, royalty-free, worldwide right to use, edit, modify, include, incorporate,
adapt,
record and reproduce the Customer Communication, directly or through subcontractors, in order to provide the
Services.
5.5. You and your customers are jointly and severally responsible for compliance with applicable laws and
regulations with respect to the customer facing services as well as any tax implications.
6. SERVICE FEES, TAXES AND PAYMENT TERMS.
6.1. The service fees (the “
Service Fees”) if applicable to your use of the Services will be detailed in the
agreement or purchase order that you acceptas part of the Sign-Up Process, in an order you have provided to
us
which
we have accepted or in an invoice we or other on our behalf have issued to you and you have accepted and
paid to
us.
All Service Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties. Service Fees are non-refundable. Different
programs
may have different fees and all such fees maybe aggregated to a single DeNovo amount, split into separate
fees
(SPIn
or DeNovo) may be charged separately, listed separately, combined into a single bill or otherwise.
6.2. You authorize us - when applicable - directly or through third parties, to make any inquiries we and/or
such
third parties consider necessary to validate your Account and financial information that you provided during
the
Sign-Up Process.
6.3. We reserve the right to amend the Service Fees at any time upon thirty (30) days’ prior notice to you;
provided, however, that such amendment to the pricing will be applicable only from the beginning of your
next
payment period.
6.4. Without derogating from any other remedy available to us, we, at our sole discretion, may suspend or
terminate
the access and right to use all or any portion of the Service, at any time, upon electronic or other notice
to
you,
if you fail to timely pay the Service Fees or any part thereof when applicable.
6.5. Your Service Fees will be due on the first of every month for Services provided in the preceding month,
indefinitely unless terminated on our system by an authorizes reseller or directly by merchant as provided
in
Section 12 below. You may also buy discount packages for a preset period such as one, two or three yearswith
automatic or manual renewals.
7. DATA COLLECTION.
7.1. You agree that we may periodically collect, store and use data (including but not limited to technical
information) in connection with your registration or use of the Site and the Services (“
Usage Data”). We
also
collect information about customers who access the customer facing services offered through the Services
(“
Customer
Data”). In addition, our systems may automatically collect other data about your operations, depending on
the
specific technology used by you for the implementation of the Services, however, we do not make use of and
will
keep
confidential, any such information regarding your business that does not relate to the use and operation of
the
Services.
7.2. The Usage Data and Customer Data is our property. We may use such data to provide the Services to you
and
to
others; to improve the Services; to personalize and enhance the use of the Services; to determine those
areas
which
are useful or popular and those that are less; to keep record of Customer Communications and correspondence
with
you; to address any issues that you are having with the Services; to evaluate your use, preferences and
trends
for
internal statistical and analytical purposes which we may share with our partners for general marketing
purposes
and
in respect of operations and product development. Such information will be shared in an aggregated format
that
will
not include personally identifiable information or use it anonymously - with no specific references to you.
We may also use the Usage Data and Customer Data to offer cross-promotions to other merchants or customers,
i.e.,
present customers of one merchant with offers and customer facing services of another merchant, provided
such
references will be made among merchants in non–competing categories, as defined by us.
7.3. During the term of these Terms, we may provide you with access to certain Customer Data regarding your
customers that participate in your customer facing services. Furthermore, upon request and subject to our
discretion, we may provide you with additional Usage Data and/or Customer Data regarding your customers that
participate in your customer facing services. Any such information is provided to you solely for your
internal
use.
You herby undertake to keep all such information in strict confidence.
8. SUPPORT.
8.1. Support services shall be provided in accordance with the specific terms agreed between usor our
resellers
and
you in the Sign-Up Process.
8.2. To purchase support services please contact us at: support@dejavoosystems.com.
9. FEEDBACK
We are pleased to hear from you and welcome your feedback about the Services. If you submit ideas or
suggestions
for
the Services (“
Service Comments”), the Service Comments will be deemed, and will remain, our sole property.
None
of
the Service Comments will be subject to any obligation of confidence on our part, and we will not be liable
for
any
use or disclosure of any Service Comments. Without limiting the foregoing, we will be entitled to
unrestricted
use
and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any
means, by
any media, without compensation to the provider, author, creator or inventor of the Service Comments.
10. NO WARRANTIES; DISCLAIMER.
Production of reports and other deliverables in connection with the deployment of the Services is dependent
on
the
data captured from Terminals or Cash Register being reliable, accurate and complete. We will not be
responsible
for
the consequences of any such data being incomplete, inaccurate, not current or otherwise deficient during
the
course
of providing the Services. The Services should not be solely relied on and are not a substitute for
confirming
settlement amounts and card transactions from card payment processor or other third party processors.
YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING WITHOUT
LIMITATION
THE SITE AND OTHER MATERIALS PROVIDED TO YOU BY US, ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICES
AND
RELIANCE ON THE CONTENT AVAILABLE THROUGH THE SERVICES IS DONE SOLELY AT YOUR OWN RISK. WE DISCLAIM ANY AND
ALL
WARRANTIES RELATING TO THE SERVICES AND THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED,
INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND
FITNESS
FOR
A PARTICULAR PURPOSE.
ANY RELIANCE ON THE SERVICES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS,
AND DOES NOT GUARANTEE THAT THE USE OR OTHER EXPLOITATION OF THE SERVICES OR THE SITE (INCLUDING ANY
CUSTOMER
FACING
SERVICE, PROMOTION OR OTHER OFFERING MADE BY YOU THROUGH THE SERVICES) WILL LEAD TO CERTAIN RESULTS. No
advice
or
information, whether oral or written, obtained by you from us or through the Services will create any
warranty
not
expressly stated herein.
WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ACCURATE OR ERROR-FREE, THAT ACCESS
THERETO
WILL
BE UNINTERRUPTED, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, AND THE CONTENT AVAILABLE THERE
THROUGH
IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We may pause or interrupt the Services at any time, and you as well as your customers should expect periodic
downtime for updates to the Services.
11. LIABILITIES AND INDEMNITIES
11.1. You shall defend, indemnify and hold us and our directors, officers, employees, representatives and
agents(“
Indemnified Parties”)harmless from and against any and all suits, proceedings, assertions, damages,
costs,
liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which an Indemnified
Party
may
suffer or incur in connection with any actual claim, demand, action or other proceeding by your customers
and/or
any
third party arising from or relating to (i) any Customer Communication or customer facing services; (ii) use
of
any
Customer Data in violation of applicable law, rule or regulation; (iii) any other breach of these Terms,
including
the representations and warranties set forth hereunder; (iv)your use and access of the Site or the Services;
(v)
your violation of the rights of any third party; (vi) your violation of any applicable law, rule or
regulation;
(vii) any information that is submitted via your Account; or (viii) any other party’s access and use of the
Services
with your unique login and password.
11.2. IN NO EVENT SHALL WE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR
RELATED TO
YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT
OR
OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE
MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
11.4. All of the above limitations shall apply notwithstanding any failure of essential purpose of any
limited
remedy and are fundamental elements of the bargain between us and you.
11.5. IN ANY EVENT, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE
AGGREGATE
THE
AMOUNT OF SERVICE FEES RECEIVED FROM YOU FOR THE SIX MONTHS PRIOR TO ANY CLAIM.
11.6. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN
TYPES OF
DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. TERM, TERMINATION, SURVIVAL.
12.1. These Terms, including any revisions, will remain in effect as long as you continue to access and/or
use
the
Site or the Services. We may terminate these Terms and/or suspend your Account or access to the Services at
any
time, without prior notice or liability to you, and for any reason whatsoever.
12.2. If you are a reseller of DeNovo, then you may terminate the Services at any time and for any reason by
logging
into the STEAM Account and selecting to terminate the Services, which termination shall be effective 90 days
thereafter. If you are a merchant,you may terminate the Services at any time and for any reason by providing
written
notice thereof to DeNovo or contacting merchant support at support@dejavoosystems.com, which termination
shall
be
effective 60 days thereafter. Once terminated, you will no longer have access to your back-office
terminal/Register
data and no new uploads will take place, which means that new data will no longer be registered and
available
for
any future needs. Should we decide for whatever reason to continue and upload data, accessing such data by
you
may
require a payment of all outstanding fees and other obligations incurred by us until the request date from
the
time
of termination.
12.3 The license granted herein for use of the Services may be co-dependent on other products and services
provided
by DeNovo or one of its affiliates for your use or the use with your customers. For example, if an affiliate
of
DeNovo provides terminal support to you or for your customers, there may be additional fees that are
incurred
related to those other products and services until the applicable agreements are terminated (i.e.,
termination
of
the rental agreement or support or services agreement, the expiration of any warranty purchased on
equipment,
etc.).
You acknowledge and agree that, notwithstanding any termination of the Services or these Terms, you will
continue to
be responsible for any fees or costs related to such other products and services until they are fully
terminated.
12.4 Notwithstanding any termination of the Services or these Terms, you acknowledge and agree that you will
remain
responsible for all charges and fees related to third party connections to the Services or the DeNovo system
that
may continue to upload files or receive updates therefrom. For example, these may include support fees to
Dejavoo
help desk, uploading fees to DeNovo and terminal program auto update fees.
12.5. Upon termination of your Account, these Terms, or if you violate any term or condition of this
Agreement,
you
must immediately stop using the Services and all rights and licenses granted hereunder shall terminate. All
provisions of this Agreement which by their nature should survive termination shall survive termination,
including,
without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. INFRINGEMENT CLAIMS
If you believe that your copyrights or other intellectual property rights have been violated, please notify
us
immediately at:
DeNovo, LLC
Attention: Legal Department
393 Jericho Turnpike, Suite 203
Mineola, NY, 11501 USA
You must include in your notice a: (1) description of the copyrighted work that is the subject of claimed
infringement, (2) description of the infringing material and information sufficient to allow us to locate
the
alleged material, (3) contact information for you, including your address, telephone number and email
address,
(4)
statement by you that you have a good faith belief that the material in the manner complained of is not
authorized
by the copyright owner, or its agent, or by the operation of any law, (5) statement by you, signed under
penalty
of
perjury, that the information in the notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed, and (6) physical or electronic signature of the copyright owner
or
a
person authorized to act on the owner's behalf.
We will only respond to any claims involving alleged copyright infringement of us. Notwithstanding this
section,
we
reserve the right at any time and in our sole discretion, to remove content which in our sole judgment
appears
to
infringe the intellectual property rights of another person.
14. MISCELLANEOUS.
No joint venture, partnership, employment, or agency relationship exists between you or us as a result of
these
Terms or use of the Services.These Terms represent the entire agreement between the parties regarding the
subject
matter hereof and supersedes any and all other agreements between the parties, whether written or oral,
regarding
the subject matter hereof. We may assign our rights or obligations pursuant to these Terms. You agree not to
assign
any rights under these Terms without our explicit written consent. If any part of these Terms shall be
invalid
or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any
other
part
or provision of these Terms which shall remain in full force and effect. No waiver of any term of these
Terms
shall
be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right
or
provision under these Terms shall not constitute a waiver of such term. The section titles in these Terms
are
solely
used for the convenience and have no legal or contractual significance. These Terms may be executed
electronically,
and your electronic assent or use of the Services shall constitute execution of these Terms. You agree that
the
electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof
constitutes
a “signing” for all purposes.
The laws of the state of New York, United States excluding its conflicts of law rules, govern this license
and
your
use of the Services; any controversy, claim, or dispute in connection with, arising under, or related to
these
Terms
shall be settled exclusively in the courts of New York, United States.
15. ELECTRONIC COMMUNICATIONS
When you visit the Site and/or use the Services or send emails to DeNovo, you are communicating with DeNovo
electronically. You consent to receive communications from DeNovo electronically. DeNovo may communicate
with
you by
email or by posting notices on the Site or through the Services. You agree that all agreements, notices,
disclosures
and other communications that DeNovo provides to you electronically satisfy any legal requirement that such
communications be in writing. You may give notice to DeNovo by email at the email address listed below under
“For
More Information”.
16. FOR MORE INFORMATION
If you have any questions regarding these Terms, please contact DeNovo by sending an email to
jcasella@dejavoosystems.com, or writing to DeNovo at DeNovo, LLC, 393 Jericho Turnpike, Suite 203, Mineola,
NY
11501.