TERMS OF USE

Welcome to This is Dot!

The following is an outline that lets you know what we expect of you as our customer, and helps you know what you can expect from us. We hope that you will come to know all of us at This is Dot as a helpful bunch, who want to provide you with a great product and amazing customer service. And we always welcome ideas on how to make both of these things better for you!

DEFINITION OF TERMS AND AGREEMENT

The following terms of use are mutually agreed to by and between This is Dot LLC dba ThisisDot.com, a South Carolina Corporation (who may also be referred to as "we", "us", "website", "our", "company" or "service") , and you (also "your").

These terms and conditions outline the rules and regulations for the use of This is Dot LLC's website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use ThisisDot.com or any part of our service if you do not accept all of the terms and conditions stated on this page. Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

This Is Dot LLC is located in North Myrtle Beach SC, United States of America

We can be contacted by mail at PO Box 4922 NMB SC 29582 USA or by email at info@thisisdot.com

LICENSE AND COPYRIGHT

Unless otherwise stated, This is Dot LLC owns the intellectual property rights for all material on ThisisDot.com. Our content includes, without limitation, all source code, databases, functionality, software, website designs, logos, button icons, audio, video, text, photographs and graphics. All intellectual property rights are reserved.

YOU MUST NOT:

~Republish material from http://thisisdot.com

~Sell, rent or sub-license any material from http://thisisdot.com

~Reproduce, duplicate or copy material from http://thisisdot.com

~Redistribute content from This is Dot LLC.

Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the company content and to download or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use. We reserve all rights not expressly granted to you in and to the website, service, content and trademarks.

OUR PROPRIETARY RIGHTS

This is Dot LLC and all its contents are intended solely for personal, non-commercial use. Except as expressly provided, nothing within our website shall be construed as conferring any license under our or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights.

You agree not to:

1. Modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with our website;

2. Hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or third party service providers;

3. Use any of the Trademarks or other content accessible through our website for any purpose other than the purpose for which we have made it available to you;

4. Defame or disparage us, our Trademarks, or any aspect of our website; and

5. Adapt, translate, modify, decompile, disassemble, or reverse engineer our website or any software used in connection with it or its services.

The framing, mirroring, scraping or data mining of our website or any of its content in any form and by any method is expressly prohibited.

COOKIES

We employ the use of cookies. By using This is Dot LLC's website you consent to the use of cookies in accordance with This is Dot LLC’s privacy policy.

Most modern day interactive web sites use cookies to enable them to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of these areas and ease of use for those people visiting.

ACCOUNT DATA AND PRIVACY

In order to access our Website and use our service, you will be required to register an account and password. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. It is your responsibility, solely, to make sure this information is truthful, accurate and up-to-date. We reserve the right to suspend or terminate your account, and restrict future use of our Service if we find out that any misrepresentations have been made by you. The information we obtain through your use of our service, including your registration data, is subject to our Privacy Policy.

You must be 18 years of age or older to use the Service provided by This is Dot LLC

SECURITY AND PASSWORD

You agree to maintain the confidentiality of your password and account. If you forget your password, you may reset it using the secure link we will email you. You will be responsible for all use of your password and user account.

SUPPORT

There are a few ways to get support for our Service. You may easily find the answer you are looking for in our FAQ section of the Website.

This is Dot LLC uses a third party to process payments, and they provide support for issues relating to that portion of our website. Information you provide to them will be governed by their privacy policy, and This is Dot LLC will not be held responsible or liable for breaches to the security of our third party vendors.

We also use a third party to provide you with any technical support outside of the FAQ's. If further assistance is required, you may use the technical support link to our third party technical support system.

Of course, you can email us at info@thisisdot.com at any time and we will do our best to help you as quickly and effectively as possible.

WARRANTIES AND DISCLAIMERS

While we do strive to provide you with a reliable Service that runs at optimal capacity, we realize that our website, and the data stored on the website is vulnerable to the inherent unreliability of the modern day internet.

We do not guarantee and will not be held liable for any failure to access or store your data on our service at any time. Our service could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the service and website functionality, including pricing at any time without notice. Our service materials may be out of date, and we make no commitment to update such materials or services on a specific timeframe.

Our service is provided on an "AS IS" and "AS AVAILABLE" basis, and is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. We make no warranty that:

1.The service will be uninterrupted or secure

2.The service will meet your specific requirements

3.The results that may be obtained from the use of the service will be effective, accurate, or reliable

4.The quality of the service purchased by you will meet your expectations or be free from mistakes, errors, or defects

5.Any errors or defects in the service will be corrected

The use of our service, or downloading of any materials through our service is done at your own discretion and risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.

You understand and agree that under no circumstances, including but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or inability to use, any of our websites services or functions, even if we have been advised of the possibility of such damages. The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

In order to cover our bases legally, we have to stipulate the above terms because most of those things are out of our control. However, we want you to know that, while the internet itself and electronic devices are not always reliable, our commitment to excellent customer service is always reliable. Please don't hesitate to email us at info@thisisdot.com with any questions or concerns you have about our service. We love to improve.

MODIFICATIONS

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, Notice of a modification may be posted in this section of the website, and communicated to you through email, and any such modifications will be effective immediately upon the posting of such notice. Your continued use of our website or Services constitutes your binding acceptance of such modifications. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your subscription with This is Dot LLC immediately and discontinue your use of the service and website. You agree that we are not liable to you for any modification of the Terms of Use.

SUBSCRIPTION FEES AND RENEWAL

We offer a 30 day free trial for all first time users of our Service. In order to participate in the free trial you will be required to input billing information, which will be used later to bill you should you decide to continue use of our service, at the commencement of your free trial to begin your subscription to our service. You will be billed for the plan that you selected during registration for the free trial (monthly or yearly) at the conclusion of your free trial period. See the website for our most current subscription fees. These fees are subject to change, and you will be notified by email if we plan to change them. Subscription fees will be charged automatically at the beginning of each billing cycle in accordance with the selected plan (monthly or yearly) that coincides with your subscription period. Please note that there may be no notice sent to you of this pending renewal prior to the actual subscription renewal. It is solely your responsibility to make sure your billing information is kept current and correct to avoid any interruption of service and loss of data saved to your account. You may refer to the "Account" tab and the "My Subscription" section to find information about your renewal date. You will receive a payment confirmation via the email address you provided in your account set-up, after subscription renewal. In the event your information becomes outdated and your subscription fails to renew, we will contact you via email to update your account information, but we will not be responsible for data lost from your account if you do not update your information before your account is permanently deleted from our system. We may not save data from inactive accounts past the next billing date plus a 30 day grace period given to update your information.

All purchases of Subscriptions through our website are processed through our designated secure third party payment provider. They will require a valid, accepted, credit card or other payment method that we, or our designated third party payment provider, as applicable, in our or their sole discretion, elect to accept as payment.

This is Dot LLC does not store or see your personal payment information, and any discrepancies arising in regards to transactions that you believe to be faulty or fraudulent should be directed to our customer service department and we will file a claim through our designated third party payment provider.

Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.

Your purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase.

Sales Tax applicability of your subscription is subject to change based on local, state & regional tax laws and regulations, also to nexus requirements & threshholds imposed on This is Dot by such localities, states & regions.

CANCELLATION AND ACCOUNT TERMINATION

You are solely responsible for the proper cancellation of your account. An email or a phone request to terminate your account WILL NOT be considered a cancellation. You can cancel your account at any time by clicking on the "Account" tab and then the "My Subscription" link in the settings, and then the "Cancel Subscription" button. By following the prompts after this you can easily cancel your account with us. Your subscription will be terminated, effective immediately after this action, and you will not be charged again. Your account will remain active until the end of your billing cycle, however you won't be entitled to a refund. We may, at our discretion, offer a pro-rated refund on annual subscriptions, based on the current monthly subscription rate, if you contact This is Dot LLC customer service.

If you cancel your subscription to our service, your account access will remain in effect only until the end of the paid term. After that, This is Dot LLC will maintain your content for a grace period of 30 days, so that if you choose to re-activate your subscription, your account content will be as you left it. At your request, we will delete all account content immediately if you so choose on accordance with GDPR standards and the California Privacy Act.

INDEMNITY

By using our website and service you agree to indemnify us and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the website and service, or your submission of ideas and/or related materials to us or from any person's use of any user ID, subscription or password you maintain with any portion of our website, regardless of whether such use is authorized by you.

BREACH OF TERMS

This is Dot LLC reserves the right to deactivate and terminate your account at any time without prior notice or liability to you, if we deem that you have violated any of the terms of use as outlined in this document. We may also prevent access to your account and all of your data on this site while we investigate actions that we deem to be a violation of our terms of use.

If you feel that your account access has been removed in error, please contact us and we will provide you the reasons behind this action.

GOVERNING LAW AND JURISDICTION

Our Service (excluding our use of third party services) is controlled by us from our offices within the state of South Carolina, in the United States of America. Our Service can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of South Carolina, by accessing our Service you agree that all matters related to the use of our Service shall be governed by the statutes and laws of the State of South Carolina, without regard to the conflicts of laws principles thereof.

If you access this Site from a location outside of the USA, you are responsible for compliance with all local laws.

Any controversy or claim arising out of or relating to these Terms of Use, our Service, the Software, or our website will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You also agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of South Carolina with respect to such matters. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by South Carolina law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced.

GENERAL

These terms establish the complete agreement between you and This is Dot LLC with respect to your access to our website and your use of our service, and they supersede any prior agreement between us, including previous versions of these terms of use.

The failure of This is Dot LLC to enforce or exercise any right or provision of these terms of service shall not constitute a waiver of that right or provision, and does not waive our ability to act with respect to that circumstance at a later date, or in a similar future circumstance.

This is Dot LLC is excused for any failure to perform to the extent that our performance is prevented by any reason outside of our control.

By using our website and Services, you consent to receiving electronic mail communications from This is Dot LLC. These communications may include notices about your account, billing, and information concerning or related to our Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  

So, there it all is.