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Terms and Conditions
These Terms and Conditions (referred to as "Terms" or "Agreement") apply to persons or entities who access the Project Dusk website (parkerplazain09.com) or related downloadable mobile applications (collectively referred to as "Site"), including without limitation Tenants/Renters and potential Tenants/Renters (collectively, with all persons or entities who access the Site, referenced as "Users," "Tenant/Renter/User," "you," or "your").
Important – please read carefully. These Terms constitute a legal agreement between you and Project Dusk. This Agreement along with any other terms that may be posted on the site with respect to Project Dusk products and services, and any other written agreements or contracts between you and Project Dusk that incorporate these terms by reference, set forth the complete Terms under which you may access and use the site and the services. If you do not agree to these terms, you are not authorized to use the site or the services.
1. Your acceptance -- Project Dusk provides the Site and the Services conditioned upon your acceptance, and we trust you will find the Site both informative and useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. PROJECT DUSK MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THE TERMS SECTION OF THE WEBSITE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
2. Project Dusk is not a party to any rental transactions. The Site serves as a platform for property managers and owners to provide the Services. Project Dusk does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Project Dusk and Users, Project Dusk is not a party to any transactions between Users and property managers other than providing the Site. AS A RESULT, PROJECT DUSK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, TENANTS, RENTERS, AND PROPERTY MANAGERS OR OWNERS THROUGH USE OF THE SITE.
You are responsible for how you use the Site, and Project Dusk encourages anyone who accesses the Site to exercise proper judgment when entering into property rental transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROPERTY MANAGER OR OWNER, YOU RELEASE PROJECT DUSK FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
3. Access to and use of the site -- Project Dusk provides you with information and functionality through utilization of the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.
Project Dusk has the right, but not any obligation, to take any of the following actions without providing a prior notice to you: (a) change, modify, refine or terminate all or any part of the Site or the Services; (b) restrict, control or terminate your access to any or all parts of the Site or the Services; or (c) refuse to accept, move, or remove any content that is available on the Site and also any material that you submit to the Site.
Subject to your compliance and acceptance of these Terms, Project Dusk grants you permission to access and use the Site and the Services, provided that you shall not (and shall not permit any third party to): (a) engage in commercial use of the Site or any content or feature on the Site; (b) reproduce, display, store, duplicate with minor edits, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for any reason other than for your own personal, non-commercial use; (c) delete or edit any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Site or the Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (e) collect, by human or robotic means, any personal information about other users of the Site or Services for any purpose; (f) reformat or restructure any portion of the Site or Services; (g) create Tenant/Renter/User accounts by automated or human means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications, known collectively as "spam," to other Users or Members of the Site or the Services or to otherwise interfere or impact other Tenant/Renter/User and/or Members’ safe and secure enjoyment of the Site or the Services; (i) transmit or cause to be transmitted any viruses, worms, defects, Trojan horses or other items of any nature; (j) use the Site or the Services to violate the security of any computer network, hack passwords or other similar security encryption codes, transfer or store illegal material, including any material that may be deemed threatening, obscene or illegal; (k) copy or modify the HTML code used to generate the web pages on the Site or Services; (l) use any device, software, procedure or programming that interferes with the proper working of the Site or the Services, or otherwise attempts to interfere with the proper functioning of the Site or the Services; (m) take any action that imposes, or may impose -- in Project Dusk’s sole discretion -- an unreasonable or disproportionately large burden/load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any part, portion or aspect of the Site or the Services; or (o) to use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
Modifications -- Project Dusk may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Project Dusk has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Project Dusk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms, including but not limited to any Project Dusk requirements, will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the "Terms" link located on pages located throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
ACCOUNT REGISTRATION AND USE -- In order to use certain features of the Site or the Services, you will have to register and create a password-protected account (referred to as "Account") and/or submit information necessary to review a Tenant/Renter/User application to authorize lease agreements, rental terms, postings, messages, text, images, photos, files, video, and any relevant information, materials or documents (referred to as "Material").
You agree to: (a) provide accurate, current, true, and complete information as prompted by the registration and application forms; and (b) to maintain and update such information to keep it accurate, current, true and complete at all times. Project Dusk reserves the right to delete your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented any personal information submitted in connection with your Account, or if Project Dusk has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and your Account, and are fully responsible for all activities that occur under your password and your Account. You agree to: (i) immediately notify Project Dusk of any unauthorized use of your password or account, or any other similar breach of security, (ii) immediately change your password if you become aware that your Account has been compromised, (iii) ensure that you fully exit from your Account at the end of each Site or Services session. You agree and acknowledge that you will not allow others to utilize your Account and that you will not disclose your Project Dusk password to persons unknown. You will be solely responsible for safeguarding your password and also for any actions taken under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the Project Dusk account of any other user. PROJECT DUSK CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Privacy Policy -- By submitting Information and Materials and in order for Project Dusk to provide you with the Services, you hereby consent to Project Dusk’s use and sharing of your Information and Materials as described in the applicable Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy can be accessed by clicking on the "Privacy Policy" links located throughout the Site. You hereby represent and warrant that your Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, public or private right; (b) are not fraudulent, misleading, hateful, illegal, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; and (d) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the Tenant/Renter/User Materials where created, displayed or accessed or promote any illegal or illicit activity.
Although Project Dusk provides a platform through the Site and the Services through which Tenant/Renter/User may communicate with, property managers, owners, advertisers, or other persons or entities (collectively, the "third-party") ("communications"), Project Dusk is not involved in those third-party communications and is not responsible or liable under any circumstances for the content of any third-party communications, or for any absence of communications sent to or generated by a third-party. The contents of such third-party communications are determined solely by the third-party responsible for the communications, and not Project Dusk. Project Dusk is only responsible for the content of information issued directly by Project Dusk. You acknowledge and agree that you will address any issues or concerns about third-party communications with the responsible third-party by contacting said third-party directly and not Project Dusk. Project Dusk shall not become involved in any matters pertaining to third-party communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services.
Tenant/Renter/User Screening --As part of the Services offered at the Site, Tenant/Renter/User (referred to in this section as "Applicant or Applicants") may be permitted to submit information through the Site for the purpose of conducting a Applicant background check or screening on behalf of a property manager or owner (referred to as "Screening"). Information that you submit through the Site for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other Project Dusk requirements as may be disclosed to you in connection with the Screening. You acknowledge that you will address any issues or concerns with any Screenings, including the results of any Screenings, by contacting the appropriate property manager or owner. Project Dusk shall not become involved in Screening related issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services or as otherwise specified in the Project Dusk requirements applicable to the Screening or as otherwise required by law.
Payments -- Except as expressly stated below, any payments you submit through the Site (including rental deposits, rental payments, or any other services or transactions) are for services provided by a property manager, owner or a party other than Project Dusk. The total payment amounts required for those transactions are determined solely by you and any other party with whom you are entering into an agreement, and not by Project Dusk. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than Project Dusk. Project Dusk shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring with Site programming or in connection with the Services. Service-specific terms may set out further Terms applying to fees and rental payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). Application fees are non-refundable, even if an application is denied, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.
Rental Agreements -- Any rental agreements that you enter into through the Site (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by a property manager, owner or another party other than Project Dusk. Although Project Dusk provides the Site as a platform/conduit for the Services through which Tenant/Renter/User may make applications and (if approved) execute rental or lease agreements and enter into binding contracts with third parties, Project Dusk is not involved in, is not liable for, and is not a party to any of those transactions. The terms of those transactions are determined solely by you and the third-party with whom you are entering into said contract, and not by Project Dusk. You acknowledge that you will address any issues or concerns with such agreements with said third-parties directly, rather than Project Dusk. Project Dusk shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a programming malfunction or error occurring on the Site or associated with the Services. If you choose to use the electronic signature execution functionality of Project Dusk, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Project Dusk makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
Project Dusk’s Rights -- You acknowledge that Project Dusk has the right to investigate and prosecute violations of these Terms, including intellectual property, public and private rights infringement and Site/Serivces security issues, to the fullest extent of the law. Project Dusk may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Project Dusk has no obligation to monitor your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Site Content -- It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Project Dusk does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on the Site.
Third Party Websites and Services -- The Site may contain links to third-party websites or resources. Third-party links are included solely for the convenience of Tenant/Renter/User, and do not constitute any endorsement or approval by Project Dusk of the third-parties, anyone sponsoring the third-party sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Project Dusk has no control over third-party websites, resources, products or services, and because of this you acknowledge and agree that Project Dusk is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Project Dusk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the Terms and the privacy policies or other Terms of such third-party websites. You acknowledge and understand that Project Dusk does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others on the Site or the Services, (b) participate in any negotiations with respect to leases or any other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a Tenant/Renter and property manager, owner or any other person or entity.
Google Maps -- The Site utilizes Google Maps and related content licensed to Project Dusk by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable policies, Terms of Google.
Ownership -- You acknowledge and agree that the Site and the Services use and contain content, information and proprietary and confidential technology owned by or licensed to Project Dusk, and protected by applicable intellectual property and other laws and international treaties ("Project Dusk Content"). The Project Dusk Content displayed on or through the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Project Dusk and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Project Dusk Content, the Site or access to the Site in any way without the prior written permission of Project Dusk. All content on the Site that is not Project Dusk Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Project Dusk Content. Project Dusk, the Project Dusk logo, PROJECT DUSK, the Project Dusk logo and all other registered and unregistered marks used in connection with the Site and the Services (the "Project Dusk Marks") are trademarks, trade names, or service marks of Project Dusk unless otherwise indicated. You are not authorized to use or display the Project Dusk Marks, without the prior express written permission of Project Dusk. Ownership of all Project Dusk Marks and the goodwill associated therewith remains with Project Dusk. All other trademarks are the property of their respective owners.
Indemnity -- You agree to indemnify, defend and hold Project Dusk and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the "Project Dusk Indemnified Parties") harmless from and against any and all claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with your Account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services; or (g) your use of the electronic signature lease execution functionality of Project Dusk, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed lease ("Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Project Dusk Indemnified Parties. Project Dusk shall have the right, in its sole discretion, to select its own legal counsel to defend Project Dusk from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Project Dusk’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Project Dusk immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Project Dusk’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Project Dusk, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Project Dusk.
Disclaimer of warranties. You expressly understand and agree: -- your use of the site and the services is at your sole risk. The site and the services and all other materials, information, products, and services included therein, are provided on an "as is" and "as available" basis without warranties of any kind. With respect to the site and information and material in the site, Project Dusk and its licensors expressly disclaim all warranties and representations of any kind, express, implied or statutory, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement, course of dealing or course of performance.
Project Dusk and its licensors make no representation or warranty: (a) regarding the security, accuracy, reliability, completeness, timeliness and performance of the Site or the Services; (b) regarding the Services, advice, information or links obtained through the Site; (c) that the Site or the Services, or any information and materials therein, will meet your requirements; (d) that the Site or the Services, or any functions contained in the Site, will be error-free, secure, timely, or uninterrupted; (e) that the results that may be obtained from the use of the Site or information and materials therein will be accurate, reliable, or available, (f) that any errors in the Site or information or materials therein will be corrected; or (g) that the Site and its contents and server that makes the site available are free of any viruses or other harmful components.
Any material, information, products or services downloaded or otherwise obtained through your use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Project Dusk or from your use of the site or services, shall create any representation or warranty not expressly stated in these terms. Some jurisdictions do not allow the exclusion of certain representations or warranties. Accordingly, some of the above limitations may not apply to you.
Limitation of liability -- Project Dusk and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (referred to as "Project Dusk entities") will not be liable for:
(a) any and all direct, indirect, special, incidental, consequential, exemplary or punitive damages (including loss of use, data or profits, cost of procuring substitute products or business interruption), whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with this agreement, your access and use of or inability to access or use the Site and/ or any Project Dusk Service, any materials available to you from or through the Site (including such damages incurred by third parties), whether the damages are foreseeable and whether or not the Project Dusk parties, or any of them, have been advised of the possibility of such damages;
(b) the contents of any communication, message, or information posted by you or other third parties;
(c) the content, services or information provided by any website purporting to be operated by Project Dusk or its affiliates, but not actually affiliated with, controlled, owned, or operated by Project Dusk;
(d) the content of any website not controlled, owned, or operated by Project Dusk that is accessed from or linked to this Site; and/or
(e) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
Project Dusk does not assume responsibility to you or others for any failure by Project Dusk to enforce the provisions contained in the Terms.
You agree that Project Dusk, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if Project Dusk believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Project Dusk may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Project Dusk may immediately bar any further access to the Site. Further, you agree that Project Dusk shall not be liable to you or any third party for any termination of your access to the Site or the Services.
You hereby represent and warrant to Project Dusk that: (a) you have all the requisite power and authority, corporate, personal or otherwise, to enter into the binding contract created by these Terms, conduct yourself and/or your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Materials in the manner you have done so to or through the Site and/or through your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
Use of Interactive Areas -- On the Site and/or as part of the Services, Project Dusk may provide areas that allow for Tenant/Renter/User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (referred to as "Interactive Areas") for posting user feedback, comments, messages or other input (referred to as "Comments"). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Project Dusk has no obligation to protect such information. Project Dusk recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that --
(a) defames, threatens, abuses or otherwise violates the legal rights of others;
(b) is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
(c) infringes another’s rights to intellectual property, publicity, or privacy;
(d) collects or stores personal information about other Site users;
(e) contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
(f) contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
(g) contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
(h) disrupts or otherwise interferes with the Site or the networks or servers used by Project Dusk;
(i) impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
(j) constitutes illegal activity.
Submissions to Interactive Areas -- You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Project Dusk may display your Comments on the Site and use them for other marketing and business activities. In addition, Project Dusk reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. Project Dusk further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Project Dusk does not endorse or control the Comments or information found in any Interactive Area and, therefore, Project Dusk specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
Governing Law -- For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Project Dusk shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Texas. You and Project Dusk hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the Bexar County, Texas or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Project Dusk irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Assignment -- You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Project Dusk, which may be granted or withheld by Project Dusk in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Project Dusk may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
Waiver -- The failure to exercise or enforce any right or provision shall not affect Project Dusk’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability -- If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
Entire Agreement -- These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Project Dusk regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
Project Dusk
support@projectdusk.com
P.O. Box, 781951
San Antonio, TX 78278

Updated December 6, 2017
Copyright © 2017 Project Dusk Systems, Inc.
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