DESTLÊ Terms of Service and Member (User) Agreement
Welcome to www.destle.com, the web site that is a venue for on-line professional consulting services. It’s a platform is where one can get precious expert advice. DESTLÊ is owned and operated by William John and Company, Govt. Of India Registered.
This is a legal agreement between you and William John and Company doing business as D-E-S-T-L-Ê and hereinafter referred to as "DESTLÊ". If you accept this Member Sign-up Form, you will become a "Member" having access to the Site (Expert, Seller and Ad services) only under the policies, terms and conditions below.
DESTLE AND DESTLÊ is one and the same thing.
This Agreement sets and contains all of the terms and conditions between a user of this site called Member and William John and Co. (DESTLÊ) by clicking on the “Yes” button and then on the “Continue” button to submit the Member registration form, a binding agreement will be executed between Member and Us. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click on the “No” button. In such case you will not be able to register as a Member at DESTLÊ.
Definition of Service
DESTLÊ provides a platform where a Member can locate an Expert and ask for advice or services. DESTLÊ will enable Member to negotiate and communicate with Experts and to pay for services he or she will receive from such Experts. The specific features and functionality of the Site are to be determined solely by DESTLÊ and are subject to change or termination without notice. DESTLÊ makes no representation or warranty whatsoever as to the willingness or ability of any Expert to give advice, or that the Member shall find the advice given by an Expert satisfactory, or that it will provide an adequate solution to his or her question, or otherwise be suitable to his or her needs. Member is encouraged to verify the skills, degree and background of those Experts from whom he or she receives or contemplates to receive advice or services.
By submitting the Member registration form, the Member warrants and declares the following:
1 He or she is at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person or entity that is submitting a Member registration, and that he or she is authorized to sign the registration form on its behalf and bind it;
2 The information furnished in the registration form is accurate, true and complete, and to maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
3 Member will be solely and fully liable for all conduct, postings and transmissions that are made under his or her user name and password. The Member warrants and declares that while he or she is using DESTLÊ he or she will act according to the following rules:
4 Member will have the sole responsibility to verify the Expert's identity, qualifications, biographic information, licenses held, and other information delivered to him or her by an Expert.
5 DESTLÊ is not involved in any transactions between Member and Expert. DESTLÊ does not control the quality or relevance of the advice, whether the expert is qualified to provide the specific advice, whether the expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or transmissions through it by Members or Experts or advice. In addition, DESTLÊ cannot and will not make any effort to verify the identify of any of the Experts;
6 Member agrees that any information or content that he or she posts or transmits or receives through DESTLÊ will not be considered confidential. Member grants DESTLÊ an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
7 Member will not mislead Expert to believe that he or she will pay for a service or advice but will not act accordingly;
8 All interactions between Member and Expert will be billed through DESTLÊ regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing DESTLÊ;
9 Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Expert’s feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count towards the expert's public ratings and rating average. DESTLÊ may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. DESTLÊ also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
*** Member will be able to rate the one expert only once. Future sessions with the expert will not allow member to rate.
10 Member will not to interfere with or disrupt the DESTLÊ servers or networks connected to the Site;
11 Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or forum postings.
12 Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
13 Member will not disobey or breach this Agreement or any other applicable instructions conveyed by DESTLÊ and its officers;
14 Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
15 Member will not upload, post, e-mail, transmit or otherwise make available any information or material that infringes upon a third party right, especially intellectual property rights;
16 Member will not upload, post, e-mail, transmit or otherwise make available any third party advertisements, including banner exchange services
17 Member will not upload post, e-mail, transmit or otherwise make available software viruses, Trojan horses, worms or any other malicious application.
18 DESTLÊ enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them.
19 Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
20 Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy.
21 Member will not upload, post, e-mail, transmit or otherwise make available any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
22 DESTLÊ may review the Member's personal profile and amend any typing or spelling errors. DESTLÊ cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, DESTLÊ may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, DESTLÊ may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing DESTLÊ, including reliance on its accuracy, reliability or legality.
23 DESTLÊ will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between the Member and an Expert within seven (7) working days from the execution date of each transaction.
24 Members first interaction with expert it FREE until he or she is satisfied and ready to hire the expert to provide his or her service. Once member is hired it’s at the sole discretion of member for how much time to hire the expert.
25 Returning Members to expert will hire expert automatically after two minutes. This free time to expert is controlled by DESTLÊ and DESTLÊ is fully authorized to increase or decrease this but this change will be conveyed to the member.
26 Member is obligated to report to DESTLÊ in cases when he or she was billed directly by an Expert (i.e. not through DESTLÊ). Such report should include a description of the service that was rendered by the Expert and the price charged.
27 Time charges to Members are based on increments of a minute as measured on DESTLÊ's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. DESTLÊ's billing system is not fault-free or flexible; therefore DESTLÊ shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to firstname.lastname@example.org
28 Member is responsible for maintaining the confidentiality of the means that were given to him or her in order to use the Site, including password, user name, etc, and is fully responsible for all activities that occur under such means. Member will immediately notify DESTLÊ of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. DESTLÊ encourages Member to change his or her password at least once a month.
29 Member does not have to furnish the information required for registration to DESTLÊ. However, without that information Member will not be able to use the services of DESTLÊ. William John and Co. is the sole owner of the information collected on this Site. DESTLÊ will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement.
30 In order to use DESTLÊ, both Members and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on DESTLÊ in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so DESTLÊ may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
31 The information furnished by the Member during the registration process will be kept in DESTLÊ's database. DESTLÊ will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and DESTLÊ will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database.
32 The main purpose of DESTLÊ is to allow the Member to look for Experts that may give the Member advice or a service that he or she seeks. DESTLÊ does not screen or edit the content of communications between Experts and Members, but DESTLÊ may copy, transmit and review communications conducted by or through DESTLÊ for technical support and/or in order to uphold these Terms of Service. Such communications are personal and private unless both parties agree to additional distribution, for example by posting questions or services on the Public Board (described later). Currently, chat communications between the Member and DESTLÊ's servers are encrypted. Chat communications between the Expert and DESTLÊ's servers are also encrypted. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
33 DESTLÊ makes public bulletin boards available to its Members. The public boards allow Members to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. A Member can also determine the length of time he or she wishes to have his or her question remain “in view” on the public board. All postings, descriptions, etc. are public until Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other DESTLÊ Members and Experts, and are confidential between Expert and Member. Chat and e-mail communications between Members and Experts are stored on DESTLÊ servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. DESTLÊ uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. DESTLÊ may also retain any emails, letters, or other correspondence between the Member and DESTLÊ to ensure quality control and the best possible service, although it has no obligation to do so.
35 DESTLÊ may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through DESTLÊ, in order to improve DESTLÊ, to analyze statistical information regarding DESTLÊ, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
36 DESTLÊ may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to DESTLÊ at the point when DESTLÊ asks for such information. DESTLÊ's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's DESTLÊ account.
37 Ratings and testimonials provided by Members on DESTLÊ are public and are identified by the Member's Screen Name. If the Member elects to use DESTLÊ's referral service for informing a friend about the Site, DESTLÊ asks the Member for the friend's name and email address. DESTLÊ will automatically send the friend a one-time email inviting them to visit the Site. DESTLÊ stores this information for the sole purpose of sending this one-time email. The friend may contact DESTLÊ at support@DESTLÊ to request the removal of this information from its database.
38 DESTLÊ reserves the right to partner with another party to provide specific services. When the Member signs up for these services, DESTLÊ will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
40 DESTLÊ may, in its discretion, create co-branded web sites with its partners. In such case the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by DESTLÊ. DESTLÊ does record an affiliate web site from which a visitor has linked to DESTLÊ. If a visitor registers to become an Expert and/or a Member, DESTLÊ may track the partner's name in order to further the relationships DESTLÊ has with its affiliates.
41 If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires DESTLÊ's service, DESTLÊ will endeavor to provide a way to correct, update or opt-out of any of DESTLÊ's services. This can usually be done from within the Member's DESTLÊ account, or by emailing our Customer Support at email@example.com
DESTLÊ may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, DESTLÊ operates bulletin boards pursuant to which Experts may answer questions regarding various topics. DESTLÊ does not warrant the validity, accuracy, or availability of the content and Expert advice and it will not be liable for any damages sustained due to reliance on such information or advice.
The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via DESTLÊ cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on DESTLÊ and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
DESTLÊ may include in
DESTLÊ advertisements on its own behalf or paid advertisements on behalf of
interested companies and/or individuals. By clicking on the advertisements,
the Member may be shifted to a web site of the advertiser or receive other
messages, information or offers from the advertiser.
The Member acknowledges and agrees that DESTLÊ is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of DESTLÊ
DESTLÊ reserves the
right to modify or discontinue, temporarily or permanently, the services in
DESTLÊ, with or without notice to Member. Member agrees that DESTLÊ shall
not be liable to Member or any third party for any modification or
discontinuance of DESTLÊ's services, or for any losses or damages that may
result to Member from such discontinuation or interruption of service.
DESTLÊ's services depend on various factors such as software, hardware and communications networks of DESTLÊ, its contractors and suppliers. Hence, DESTLÊ cannot guarantee that DESTLÊ's service will be uninterrupted or that it will be timely, secure or error-free.
DESTLÊ, in its sole discretion and for any reason, may terminate Member's participation in DESTLÊ and refuse any and all current or future use by Member of DESTLÊ.
DESTLÊ is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in DESTLÊ and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
DESTLÊ contains copyrighted material, trade secrets and proprietary information owned by DESTLÊ. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of DESTLÊ. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of DESTLÊ. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in DESTLÊ.
The Member may not
adapt or use any trademark or trade name, domain name similar to or likely
to be confused with that of DESTLÊ's and DESTLÊ, or take any other action
that infringes upon or impairs DESTLÊ's trademark rights.
DESTLÊ shall retain all ownership in and to DESTLÊ and all content displayed on the DESTLÊ including copies of data transferred or received by Member through the Site.
DESTLÊ respects the intellectual property of others, and we ask our users to do the same. DESTLÊ may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DESTLÊ's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- A description of where the material that you claim is infringing is located on the site, including the URL;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DESTLÊ's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
William John and Company
B-21, Partap Chamber
Karol Bagh, New Delhi-110005
Or By phone: (91) 9310201020
or By fax: (91)
By email: firstname.lastname@example.org
DESTLÊ grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
Disclaimer of Warranty and Limitation of Liability
THE MEMBER ACKNOWLEDGES AND AGREES THAT DESTLÊ IS PROVIDED “AS IS”, AND THEREFORE HE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS DESTLÊ IN RESPECT TO DESTLÊ'S PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF DESTLÊ IS AT THE MEMBER'S SOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
DESTLÊ EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELAY INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF DESTLÊ, HE MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS DESTLÊ, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE HE DECIDES TO RECEIVE AND/OR RELAY FURTHER. DESTLÊ WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH DESTLÊ. THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL DESTLÊ, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THIS AGREEMENT. DESTLÊ, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH DESTLÊ IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT DESTLÊ DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR HIS SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD DESTLÊ HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
DESTLÊ WILL NOT BE
LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A
MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE
FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH DESTLÊ, THE MEMBER HEREBY RELIEVES DESTLÊ, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND SUB-CONTRACTORS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Interactions with Mental Health Professionals and other Experts
If a Member chooses to interact with a mental health professional (the term “mental health professional” includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers) on the Site, the Member relationship (as with all other experts) is strictly with the mental health professional and DESTLÊ is not involved in any way with the substance of that relationship or the advice or information given therein. DESTLÊ does not endorse or recommend any mental health professional or other expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional and other experts with the applicable state licensing Board or authorities in the expert’s state or country.
Member acknowledges that neither the mental health professionals on the Site nor other experts are employees or agents of DESTLÊ nor DESTLÊ assumes no responsibility for any act or omission of any mental health professional or other expert. Member understands and agrees that, although a mental health professional or other expert may have been accessed through the Site, DESTLÊ cannot predict or assess the competence of, or appropriateness for Member's needs, of the mental health professional or other expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional or other expert through the Site and to continue to interact with the mental health professional or other expert, and that the role of DESTLÊ is strictly limited to providing access to mental health professionals and other experts and their services for Member's consideration.
Member hereby releases and agrees to hold harmless DESTLÊ, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of mental health professionals or other experts accessed through the Site.
The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice.
ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE
A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY
CALL 101 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR
COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL
Opinions of the mental health professionals and other experts are solely their opinions, and not those of DESTLÊ. DESTLÊ does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information of the mental health professionals or other experts. DESTLÊ does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
Member shall indemnify, defend and hold harmless DESTLÊ, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against DESTLÊ or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to DESTLÊ or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of DESTLÊ. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
DESTLÊ may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between DESTLÊ and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by DESTLÊ with respect to the subject matter except as set forth herein. DESTLÊ services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Member may report any violation of this Agreement to email@example.com
Last Updated: May 1, 2008