Welcome to the Divinity Metrics, Inc. (Divinity) website ("Site") available at www.divinitymetrics.com. We maintain this Site to provide general information to our clients and other visitors. All use of this Site is subject to the following terms and conditions. We reserve the right to modify these terms and conditions at any time upon posting a revised version hereof. By accessing and browsing this Site, you agree to be bound by these terms and conditions, as revised from time to time.
Privacy Policy. Divinity believes strongly in protecting user privacy. Please refer to Google Analytics Privacy Policy for information on how Divinity collects, uses and discloses personally identifiable information from its users.
No Rendering of Advice. The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship. You should consult with a professional advisor familiar with your particular situation before making any decision.
Copyright Notice. This Site, including all text, images, software and other content contained herein, and the compilation and arrangement thereof, is owned exclusively by us and/or our suppliers and is protected by copyright, trademark and other laws. All rights reserved. All trademarks appearing on this Site are the property of their respective owners. You may not use any such trademarks for any purpose whatsoever without the express prior written permission of the owner.
Use of Site; Restrictions. You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain all copyright, trademark and other proprietary notices affixed to or contained in the original materials on any copies thereof. You may not reproduce, frame, distribute, transmit, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of ours, our suppliers or any third party. Any rights not expressly granted herein are reserved.
Rules of Conduct for Interactive Areas. The Site may contain interactive areas, such as blogs, forums, message boards, message services and chat rooms (the Interactive Areas), that enable you or third parties to create, post, transmit or store messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site (the User Content). You are solely responsible for your use of such Interactive Areas and the User Content and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
e. Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law, the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
g. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
h. User Content that, in the sole judgment of Divinity, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Divinity or its users to any harm or liability of any type.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Liability for User Content; Right to Remove User Content. Divinity takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Divinity liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of Interactive Areas, Divinity is not liable for any statements, representations or User Content provided by its users in any public or private forum or other Interactive Area. Although Divinity has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Divinity reserves the right, and has absolute discretion, to screen and remove any message, entry, post or other User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any such User Content you post or store on the Site at your sole cost and expense.
License to User Content. You retain all copyright in any User Content you post in connection with any Interactive Areas. However, by posting such User Content, you grant Divinity and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media as necessary for providing services. You also grant Divinity and its affiliates and sublicensees the right to use any name that you submit in connection with such User Content on the services. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the services of Divinity, provided by you in the form of email or other submissions to Divinity are nonconfidential and shall become the sole property of Divinity. Divinity shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Accuracy of Information. While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.
Disclaimer of Warranties and Limitations of Liability. YOUR USE THIS SITE AT YOUR OWN RISK. THE MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIVINITY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVINITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIVINITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DIVINITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. DIVINITY RETAINS THE RIGHT TO REVISE THESE RULES AT ANY TIME.
Links to Third Party Websites. For your convenience, this Site may provide hyperlinks to websites and servers maintained by third parties. We do not control, evaluate, endorse or guarantee content found in such sites. We do not assume any responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.
Termination or Suspension of Access. We reserve the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these terms and conditions or any inappropriate or unlawful behavior on your part. We shall not be liable to you or any third party for any such termination, suspension or restriction.
Applicable Laws. This Site is maintained from within the State of California, USA. We make no representation that this Site or any content on or accessed through this Site is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of California without regard to principles of conflict of laws.
Modifications. We reserve the right to modify, suspend or discontinue this Site or any portion hereof at any time with or without notice. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Miscellaneous. If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. Our suppliers shall be deemed third party beneficiaries under these terms and conditions for purposes of enforcing their rights in their respective intellectual property.