Last Modified: April 13, 2021
Darcy makes available through darcypartners.com, darcypower.com and dar.cy (collectively, the “Site”) and other parts of its platform (including mobile apps, APIs, and other methods) certain services and Content (collectively, the “Services”).
Darcy may make the Services available to you on a trial basis. Darcy may terminate, modify or extend your trial subscription at any time. Any Content or User Contributions (defined below) you provide in connection with a trial subscription may be retained by Darcy, or may be deleted by Darcy without any retention period.
To access and use the Site or the Services, you must register and create an account. Such registration is required for all users, including any user that is a party to or governed by a Primary Agreement (as defined below). Attempting to access restricted areas of the Site or the Services without authorization is prohibited. You are also responsible for the security of your account and all activity associated with your account. You may not share any user IDs or passwords or permit a single username to be used by multiple users to access the Services. You agree not to transfer or resell your use of or access to the Site or the Services to any other party. If you believe an unauthorized use has occurred, you must notify Darcy immediately by sending an e-mail to email@example.com.
FEES AND PAYMENT TERMS
THIRD PARTY SITES AND THIRD PARTY ACCOUNTS
The Services may contain links to other Internet web sites which are not owned or operated by Darcy. Although Darcy makes these links available from the Services, it has no control over such sites. Darcy is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites. The fact that Darcy offers such links does not indicate any approval or endorsement of any material contained on any linked site. Darcy provides these links to you only as a convenience.
You may enable access to your third party accounts or information on your devices in order for some features of the Services to operate (for instance, you may grant us access to your calendar to enable scheduling features). If you enable such access, you agree that we may access such accounts and information to provide the Services. At any time, you can revoke our access to those accounts or information.
You agree that you will use the Services in accordance with all applicable local, state, federal and international laws, including those related to data privacy, telecommunications and the transmission of technical or personal data. You warrant that you are not a “minor” as defined by applicable law. You further warrant that you will not make or permit any unauthorized use of the Services. You will defend, indemnify, and hold Darcy harmless from and against any and all claims, liability or expenses arising out of any unauthorized use.
CODE OF CONDUCT
While using the Services, you agree not to:
- Restrict or inhibit any other visitor or user from using the Services, including, without limitation, by means of hacking or defacing any portion of the Site or the Services;
- Use the Services for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained in the Services;
- Frame or mirror any part of the Services without our prior written authorization;
- Link to any page of or content of the Services;
- Harvest or collect information about Site visitors or Services users without their express consent; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to download, capture, retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services, including any Content (except as otherwise expressly set forth in any applicable Primary Agreement).
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available by or through Darcy infringe your copyright, you (or your agent) may send Darcy a notice requesting that Darcy remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Darcy a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Darcy Partners, LLC
Attn: Copyright Agent
J. Terrill Consulting Firm LLC
9894 Bissonnet, Suite 445
Houston, Texas 77036
Darcy suggests that you consult your legal advisor before filing a DMCA notice or counter-notice.
MONITORING AND ENFORCEMENT; TERMINATION
We reserve the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to and use of the Services if your access to the Services is provided through or on behalf of your employer and you are no longer employed by your employer.
PRIMARY AGREEMENTS PREVAIL OVER REMAINING TERMS.
SERVICES AND SITE CONTENT
Darcy reserves the right from time to time to, and you acknowledge and agree that Darcy may, modify or release subsequent versions of the Services, or may discontinue the Services.
The Services include Content which is provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Darcy. We are not responsible, or liable to you or to any third party, for the content or accuracy of any Content provided by any third parties.
Any User Contribution you post or provide to us will be considered non-confidential and non-proprietary. By posting or providing any User Contribution, you grant Darcy and its service providers an unlimited, perpetual and irrevocable right and license to use, reproduce, modify, perform, display, distribute, and disclose to third parties any such material for any purpose. You agree and acknowledge that we may aggregate your information with data of other parties such that it does not identify you, your company or any other party. We have no obligation to retain any User Contributions.
The Services may contain forums, chat rooms, company profiles, webinars, audio conferences, video conferences, and other interactive computer services that allow users to post, submit, publish, display, transmit to, or communicate with other users or other persons (hereinafter, “post”) content or materials. We may also solicit information from you relating to you, your employer, other companies, and other topics through surveys, polls, and questionnaires. You may provide this information through the Site, through APIs or through other interfaces with our Services. Collectively, the information you post and provide to us are “User Contributions”.
You are solely responsible for the accuracy, integrity, quality, reliability and right to use any User Contributions you post or provide to us. You represent and warrant that you have sufficient rights to post or provide any User Contribution you post or provide to us and that none of the User Contributions or their use as contemplated herein will: (i) violate any foreign, federal, state or local law or regulation; (ii) infringe any copyright, trademark or other proprietary right of any third party; (iii) violate or infringe upon any party’s privacy right, right of publicity or any other right of any person or entity; or (iv) contain any material which is unlawful, hateful, obscene, libelous, threatening or defamatory.
RELIANCE ON CONTENT; TRANSACTIONS
The Services and the Content are intended only to assist you with your independent evaluation of technologies and solutions offered by third parties. Darcy will have no responsibility, liability or obligation with respect to the consummation of any transaction that may arise as a result of your use of the Services. You are responsible, in your sole discretion, for determining and choosing which parties to do business with. You will be fully and solely liable for any and all transactions that are consummated as a result of your use of the Services. In the event of any dispute between you and any third party arising out of such a transaction, you will and hereby do release Darcy and its employees, affiliates and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
OWNERSHIP AND RESTRICTIONS ON USE
THE SERVICES, INCLUDING THE SITE, THE SERVICES, THE CONTENT AND ANY PRODUCT OR SERVICE OBTAINED BY YOU THROUGH THE SERVICES ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARCY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DARCY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF DARCY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
RELATIONSHIP TO OTHER LAWS
GOVERNING LAW AND JURISDICTION