Dugu, Inc. Terms of Service
Last Updated: October 19, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS.
Contractual Relationship; Changes
These terms and conditions (“Agreement”) apply to Dugu, Inc. (“Dugu,” “we,” “us,” or “our”) website (https://mydugu.com/), the related mobile application and/or other selected domains, existing or future, Applications, content, products, and services (collectively, the “Services”).
This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before registering for or using the Services.
If you do not accept the terms of this Agreement, you are not permitted to access or use our Services. By accessing or using the Services, you agree to be bound by all of the terms of this Agreement.
2. Use of Services
2.1 User Requirements
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age (or, if older, the age of majority in your state of residence) to obtain an Account. Account registration requires you to submit to Dugu, Inc. certain personal information, such as your name, address, and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account, review the fees to be charged for your use of the Services, and authorize Dugu, Inc. and its affiliates to charge your Credit Card for any and all Fees incurred by you for your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including your having an invalid or expired credit card on file, may result in your inability to access and use the Services and will lead to Dugu, Inc. termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Dugu, Inc. in writing, you may only possess one Account per household.
Individuals under the age of majority in the state where they are located may not use the Service unless their parent or guardian registers them to use the Service. If you register or allow a minor to use the Service, you hereby accept this Agreement on behalf of yourself and the minor, and you agree that you will be responsible for all uses of the Service by the minor, whether or not these uses were authorized by you. If you are a parent or guardian registering a minor to use the Service, you hereby represent and warrant that you are the legal parent or guardian of that minor.
In certain instances, Dugu, Inc. or its vendors may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
By creating a Dugu, Inc. account, you also consent to receive electronic communications from us (e.g., via email or by posting notice to the Applications). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communications requirements, including that such communications be in writing. We may also send you promotional communications via email, including newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of our normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from us at any time by sending a request to email@example.com you acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
2.2 User Representations
You represent and warrant to Dugu, Inc. that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and content you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying Dugu Inc. in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the Terms of Service set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services.
2.3 Proprietary Rights
Copyright, trademark, domain name, trade dress, domain name, trade secret, and/or other proprietary rights of the United States and other countries protect the Services and related Materials. Except as otherwise indicated in the Services and except for the trademarks, service marks, and trade names of third parties that are displayed in the Services, all trademarks, service marks and trade names are owned by Dugu, Inc.
Subject to your acceptance of and compliance with this Agreement, Dugu, Inc. grants to you a non-exclusive, non-transferable, revocable limited license to (I) access and use the Services and associated Materials for your personal, non-commercial use and (II) access and use the Applications on your personal devices solely in connection with your use of the Services. You agree not to use the Services for any other purpose, or to download, save, copy, or distribute any Materials that are not owned by or contributed by you except strictly in connection with your proper use of the Services or as specifically allowed in this Agreement. For purposes of this Agreement, “Materials” means all texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials available through the Services and copyrightable material created via the Services. You agree not to use any Dugu, Inc. logo or any other proprietary graphic or trademark without our express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Services, and any copies or portions thereof, shall remain in Dugu Inc. and/or its content providers.
2.4 Public and Interactive Areas
The Service may feature various community areas and other public forums, including but not limited to blogs or member communities, discussion boards, question and answer areas, and comment areas (the "Public Areas"). If you use a Public Area, you are solely responsible for your own submissions, the consequences of posting your submissions, and your reliance on any information in the Public Areas or other areas of the Services. If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. The Dugu, Inc. Parties (as defined herein) reserve the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Service. The Dugu, Inc. Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any submissions by you or other users. As with any public forum on any website, the information you post may show up in third-party search engine results. We may provide interactive features including user ratings and reviews, saved favorites, and saved instructions (collectively, “Interactive Areas”) for the enjoyment of our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings, or other materials or content submitted, posted, or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to Dugu, Inc. an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate, create derivative works from, and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in Dugu, Inc. sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification, or other additional consideration and to us disclosure of any information related to your use of the Services in any capacity in connection with our display of your User Content on the Services. You also agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered, or changed in any manner not acceptable to you.
Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. Dugu, Inc. and any contract or operational providers that conduct, operate, and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials, or content posted, uploaded, or transmitted on the Services.
By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. We reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other people's’ enjoyment of our Services. We will also cooperate with local, state, and/or federal authorities to comply with applicable law.
2.5 Copyright Infringement
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
It is Dugu, Inc.’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on the Services contains infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Dugu, Inc. will also terminate a user's account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Salimata Bangoura
60 N. Main Street,
Natick, MA 01760
Telephone Number: (857)-756-7651
2.6 Usage Rules
As a condition of your use of and access to the Services, you agree to comply with any application, tool, or content-specific rules published within the Services as well as the following usage rules, which Dugu, Inc. may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that you will not, in regard to the Services:
Copy, adapt, reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
Use or launch, develop, or distribute any automated system, including without limitation any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
Distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransom ware, or other harmful, malicious, or disruptive computer code, mechanism, software, script, agent, or program;
Cover or obscure any notice, legend, warning, banner, or advertisement contained on the Services;
Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
Sell the Services or any part thereof in exchange for real currency or items of value;
Violate any applicable law, including without limitation any applicable export laws;
Harvest or otherwise collect information about others, including email addresses, without their permission for posting or viewing content;
Infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
Engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
Further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;”
Deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any content, or allow another person or entity to use your identity in order to access the Services or post or view content;
m. Engage in conduct that conflicts with the spirit or intent of the Services, including without limitation by disrupting the flow of dialogue in a Public Area (as defined above), restricting any other user from using or enjoying the Services, or exposing us or another to any liability or detriment of any kind;
Use automated queries, including screen and database scraping, spiders, robots, crawlers, information harvesting, and any other automated activity with the purpose of obtaining content, information or data from the Services, unless you receive the express written permission of Dugu, Inc.; or
Violate the terms of service of Facebook, Twitter or other channel by which you access the Service.
2.7 Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, you agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (2) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service as of the effective date of this Agreement. If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon App store) (each, an “App Provider”), then you acknowledge and agree that:
I. This Agreement is between you and Dugu, Inc., and not with App Provider, and that, as between Dugu, Inc. and the App Provider, we are solely responsible for the App.
The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund to you any purchase price you paid for the App (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of Dugu, Inc.
App Provider is not responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Dugu, Inc. will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim solely to the extent required by this Agreement.
App Provider and its subsidiaries are third-party beneficiaries of this Agreement as related to your license of the App, and, upon your acceptance of this Agreement, App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.8 Violators of the Agreement
Dugu, Inc. reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.
3. Pick-ups and Delivery
We attempt to provide a convenient service to our customers, and we are willing to leave orders where the customer dictates. However, Dugu, Inc. shall not be responsible for orders where items are not personally received from or delivered to a Dugu, Inc. employee or where items picked up or dropped off in unsecure or unattended locations go missing. If you are not at home when your delivery arrives, we will leave the package for you at your door or elsewhere, per your prior written instruction.
You are responsible for inspecting all Services you receive from Dugu, Inc. for damage or other issues at delivery and for confirming the freshness of meal deliveries (“Food Services”). To maintain the quality and integrity of the Food Services, we recommend that you immediately refrigerate all perishable food Services upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s (“FDA”) recommendations on food consumption for at-risk groups.
In the case of inclement weather and other events beyond our control that interfere with our ability to deliver your Services, we will attempt to deliver your Services as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
4.1 Minimum Charge Per Order
Dugu, Inc. charges a minimum order price and it is disclosed on our price list. The minimum order amount is subject to change from time to time.
4.2 Payment and Billing Information
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the full service obtained through your use of the Services, Dugu, Inc. will process payment of the applicable Charges, using the preferred payment method designated in your Account and will send you a receipt by email.
By providing a credit card, as required by Section 2.1, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Charges (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Services may be suspended or terminated. You must resolve any payment method problems before we can proceed with the Services. If you want to update or change your payment method information, you can do so at any time by logging into your account.
Charges paid by you are final and non-refundable, unless otherwise determined by Dugu, Inc. Any request for lower Charges or disagreement with the Charges should be addressed to us by contacting firstname.lastname@example.org
We reserve the right to establish, remove, and/or revise Charges for any or all aspects of the Services at any time in our sole discretion, by posting or otherwise delivering notice to you. Any use of the Services after a notice of new or revised Charges has been posted on the Applications or delivered to you will be deemed your acceptance of these new or revised Charges.
4.3 Promotional Offers
Dugu, Inc. may, from time to time, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
All of our Services are subject to availability, and we reserve the right to impose a quantity limit on any Services or to discontinue offering certain Services without prior notice.
5. Privacy and Protection of Personal Information
6. Child Online Protection Act Notification.
Pursuant to 47 U.S.C. § 230(d) as amended, Dugu, Inc. hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline; GetNetWise; and OnGuardOnline.
Please note that Dugu, Inc. is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
7.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THIS DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS). WITHOUT LIMITING THE FOREGOING, NEITHER DUGU, INC. NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "DUGU, INC. PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
7.2 YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, COOKING, USE, AND CONSUMPTION OF FOODS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR OTHER USERS OF THE FOOD SERVICES (PRIMARILY, YOUR FAMILY) MAY HAVE AND VERIFYING THE FOOD SERVICES AND THEIR CONTENTS BEFORE HANDLING OR CONSUMING SUCH FOOD SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE PREPARE AND PACKAGE FOOD SERVICES CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN FOODS.
7.3 THE DUGU, INC. PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. DUGU, INC. IS NOT RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OR OTHER PROBLEMS OF TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, MOBILE PHONE EQUIPMENT, SOFTWARE, OR EMAIL, INCLUDING TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.
8. Limitation of Liability; Release
8.1 THE DUGU, INC. PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE DUGU, INC. PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT DUGU, INC. IS LIABLE, UNDER NO CIRCUMSTANCES WILL THE DUGU, INC. PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DUGU, INC. IN THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM.
8.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
8.3 You forever release, discharge, and covenant not to sue the Dugu, Inc. Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Dugu, Inc. Parties or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the Dugu, Inc. Parties if anything happens to you or your property from using the Service or interacting with any party through the Service. You agree that the provisions in Section (10) will survive any termination of your account(s), the Service, or this Agreement.
You agree to defend, indemnify and hold harmless the Dugu, Inc. Parties from and against all liability, claims, actions, and expenses, including attorneys' fees and costs, arising out of your use of the Services, Dugu, Inc.’s use of your User Content, your violation of the rights of any third party, or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) the Services, or this Agreement.
10. Third Party Sites and Products.
11. Governing Law
This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the U.S. and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (thus, without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
12. Waiver of Injunctive Relief
You acknowledge that the rights granted and obligations made hereunder to Dugu, Inc. are of a unique and irreplaceable nature, the loss of which will irreparably harm Dugu, Inc. and which cannot be replaced by monetary damages alone, so that we will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
13. Dispute Resolution
13.1 To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Dugu, Inc. agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to: Salimata Bangoura at 60 N. Main Street #15, Natick MA 01760.
13.2 If you and Dugu, Inc. are unable to resolve a Dispute through informal negotiations within 30 days, either you or Dugu, Inc. may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
13.3 Notwithstanding the above, you and Dugu, Inc. agree that arbitration will be limited to the Dispute between Dugu, Inc. and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
13.4 You and Dugu, Inc. agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts you have already paid to us, to the fullest extent permitted by applicable law.
Dugu, Inc. may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Dugu, Inc., with such notice deemed given when received by Dugu, Inc., at any time by first class mail or pre-paid post to Salimata Bangoura at 60 N. Main Street, #15, Natick, Massachusetts 01760.
You may not assign these Terms without Dugu, Inc.’s prior written approval. We may assign this Agreement without your consent to: (I) a subsidiary or affiliate; (II) an acquirer of Dugu, Inc. equity, business or assets; or (III) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Dugu, Inc. as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dugu, Inc. in writing.