Last Modified: 4/29/21
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Dudek and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dudek, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from this site, including but not limited to the Dudek Blog.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Without the approval of Dudek or of its relevant licensor in writing, no license or other right to the use of the contents on the Site is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by Dudek.
The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and their contents terminates the license granted hereby.
Dudek’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Dudek or its affiliates or licensors. You must not use such marks without the prior written permission of Dudek. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Dudek, a Dudek employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To impersonate or pretend to be anyone else while using this Site.
- To pretend that you represent another person, organization, or entity that you have not been authorized by that person, organization, or entity to represent through this Site.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Dudek or users of the Site or expose them to liability.
- You agree not to intentionally submit or transmit inaccurate information through this Site.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
All employment applications, requests for services, contact information submissions and other contents which you provide to Dudek, will be regarded as provided on a non-confidential basis. Dudek reserves the right to use this information at its exclusive discretion. Dudek is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions.
You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify Dudek from all claims of third parties, including attorneys’ fees.
Reliance on Information Posted
The information presented on or through the Site, including but not limited to the information made available via the Dudek Blog, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
All opinions expressed in the Dudek Blog are solely the opinions the author of the blog post. These opinions do not necessarily reflect the opinion of Dudek. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials.
This Site may contain links to third-party websites that Dudek does not control. Dudek is not responsible for the content in any of those third-party websites. Dudek makes no representations about whether it is safe to visit those websites or the accuracy of the information they contain. If you choose to visit any of these third-party websites, use or rely on the information they contain, or purchase any products or services through them, you do so at your own risk.
Linking to the Site and Social Media Features
You may link content on this Site, including but not limited to articles from the Dudek Blog, to your social media, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link content on this Site to your own social media, including but not limited to Facebook, Twitter, LinkedIn, and Instagram
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage and blog posts from the Dudek Blog.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The owner of the Site is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. Dudek does not target, market to, or offer its products or services to customers outside the United States. You agree not to submit your personally identifiable information through the Site if you reside outside the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DUDEK NOR ANY PERSON ASSOCIATED WITH DUDEK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DUDEK NOR ANYONE ASSOCIATED WITH DUDEK REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DUDEK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL DUDEK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (D) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (G) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (I) ANY OTHER MATTER RELATING TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If Dudek sells its assets to, or is acquired by another company, or if Dudek merges with another company, you, by using this Site, authorize Dudek to assign the personal information you provided to Dudek or that Dudek collected while you used this Site.
Choice of Law and Forum
By using this Site, you agree to try to settle any dispute with Dudek arising from or related to your use or access of this Site by sending a letter describing the basis for the dispute and allowing Dudek at least 30 days to respond after Dudek will have received your letter. If you want to send such a letter to Dudek, send it to email@example.com. Dudek will respond to you at the address Dudek has on file for you.
You and Dudek agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or Dudek will commence any litigation or file a claim against the other party.
If a dispute between you and Dudek cannot be resolved using this process, by using this Site, you unconditionally agree that any dispute arising from or related to your access or use of this Site will be decided entirely by binding arbitration on an individual basis, which means you and Dudek waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and Dudek’s rights during the arbitration process may be more limited than the rights you or Dudek would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DUDEK WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Waiver and Severability
Your Comments and Concerns