This is an agreement between you (all visitors to our websites) and Digitsy,
Digitsy, Inc. ("Digitsy") provides the MyDigitalCloset.com web site as well as other Digitsy websites and Contents (collectively, the material found on the "Digitsy Sites") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE Digitsy SITES. BY ACCESSING THE Digitsy SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE Digitsy SITES.
1. Nature of Information. All content is for research and informational purposes only. Contents may not be accurate, complete, or up to date.
2. Advice of Professionals. All Website Contents, (including the information relating to medical, financial, construction, or other activities that could result in damage, injury, or death) is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a visit, call, consultation, or advice of your physician or other professionals or any information contained on or in any product packaging or labels. You should never disregard professional advice or delay in seeking advice because of something in the Contents and you should not use the Contents for diagnosing a health or other problem or prescribing a medication.
3. Assumption of the Risk. The User assumes any and all risk of damage, injury, or death, from use of the Contents. It has been warned of the limitations and risks in use of the information, and despite such warnings, chooses of its own free will to continue to access or use the Contents.
4. Limitation of Liability. Digitsy, Inc. takes no responsibility for the accuracy or validity of any claims or statements contained in the software, documents, articles, and related graphics on the Digitsy Sites. Specifically, Digitsy, Inc disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, software, or services on the Digitsy Sites; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose for any product listed, linked, or stored on our Digitsy Sites. You agree that use of the service is entirely at your own risk. All products, files, articles, documents, and related graphics are provided without warranty of any kind. In no event shall Digitsy, Inc. be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information and products available from the Digitsy Sites, or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content and products linked to on the Digitsy Sites.
5. Recourse. If you are dissatisfied with the Digitsy Site or with any terms, conditions, rules, policies, guidelines, or practices of Digitsy, Inc. in operating the Digitsy Sites, your sole and exclusive remedy is to discontinue using the Digitsy Site.
6. DISCLAIMER. THE INFORMATION STORED, LINKED TO, AND/OR LISTED ON THIS SITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL Digitsy, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE LISTED ON THIS SITE. USE OF PRODUCTS LISTED ON THIS SITE IS GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE.
7. You agree to indemnify and hold Digitsy, Inc., from any dispute which may arise from a breach of terms of this agreement. You agree to hold Digitsy, Inc. harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to customer's violation of this agreement, including the terms of service or any content placed on the service by you.
8. This Agreement shall be construed and controlled by the laws of the State of California. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of California. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of California.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Digitsy, Inc. representatives and you. Digitsy, Inc. may amend or modify this Agreement or impose new conditions at any time upon. Any use of the Digitsy Sites or the contents therein by you shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.