DirectRoam Terms of Service
Effective Date: October 26, 2023
Please read these Terms of Service ("Terms," "Agreement") carefully before using the directroam.com website (the "Website") operated by DirectRoam ("us," "we," or "our").
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website.
1. Definitions
1.1. "DirectRoam" refers to the entity operating the directroam.com website. 1.2. "Website" refers to directroam.com and all associated web pages, content, and services. 1.3. "User," "You," or "Your" refers to any individual or entity accessing or using the Website. 1.4. "Services" refers to the functionalities and resources provided by DirectRoam via the Website.
2. Acceptance of Terms
2.1. Your access to and use of the Website is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website. 2.2. By accessing or using the Website, You represent and warrant that You are at least eighteen (18) years of age and that You possess the legal capacity to enter into this Agreement.
3. Acceptable Use
3.1. Users shall utilize the Website and Services solely for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. 3.2. Prohibited activities include, but are not limited to: 3.2.1. Engaging in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. 3.2.2. Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity. 3.2.3. Uploading, posting, or transmitting any content that contains viruses, corrupted data, or any other harmful or disruptive computer code, files, or programs. 3.2.4. Attempting to gain unauthorized access to the Website, other user accounts, or computer systems connected to the Website through hacking, password mining, or any other means. 3.2.5. Interfering with or disrupting the integrity or performance of the Website or the data contained therein. 3.2.6. Collecting or harvesting any personally identifiable information, including account names, from the Website.
4. Intellectual Property Rights
4.1. The Website and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of DirectRoam and its licensors. 4.2. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. 4.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DirectRoam. 4.4. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms.
5. Disclaimer of Warranties
5.1. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. DirectRoam makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, or materials included on the Website. 5.2. To the full extent permissible by applicable law, DirectRoam disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. 5.3. DirectRoam does not warrant that the Website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
6. Limitation of Liability
6.1. In no event shall DirectRoam, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: 6.1.1. Your access to or use of or inability to access or use the Website; 6.1.2. Any conduct or content of any third party on the Website; 6.1.3. Any content obtained from the Website; and 6.1.4. Unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 6.2. DirectRoam's total liability to You for all damages, losses, and causes of action shall not exceed the amount paid by You, if any, for accessing the Website during the twelve (12) months preceding the claim, or one hundred U.S. Dollars ($100), whichever is greater.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless DirectRoam and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: 7.1.1. Your use and access of the Website, by You or any person using Your account and password; 7.1.2. A breach of these Terms; or 7.1.3. Your violation of any