GIFT

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS SITE, REGISTERING FOR THIS SITE, OR BY ACCEPTING OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS SITE OR THE MOBILE APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE.

Welcome to DesignGivers (“DG”)! We are a user-friendly platform that collects donations for charity and matches donors with interior designers who provide free sixty (60)-minute consultations to the donors as a thank you for helping the community. This is the official Terms of Use Agreement (“Terms of Use”) between DesignGivers Ltd., a charitable not-for-profit corporation organized under the laws of the State of New York, for the designgivers.org website and other electronic media (individually or collectively referred to as the “Site,” “we,” “us,” or “our”) to which Interior Designers “Providers” who use the Site must agree in order to use the Site (“you” or “your”). Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device, user interfaces, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). If you disagree with ant of these Terms of Use, your only recourse is to discontinue use of the Site.

1. Eligibility; Acceptance of Terms.

This Site is offered and made available only to providers 18 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and certain features on this Site (including, but not limited to, user registration) may be subject to heightened age and/or other eligibility requirements. If you are not yet 18 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 18 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.

By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. DG reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes.

2. General.

By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. DG assumes no obligation to update the Content.

The words “use” or “using” in these Terms of Use, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein. As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate DG’s rights or the rights of others. DG reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.

3. Rules regarding Initial Consultations

All Users of the DG platform who make donations through the DG platform are entitled to one (1) free sixty (60) minute consultation with an Interior Designer with whom DG matches you. You are not entitled to receive a second free sixty (60) minute consultation with the same Interior Designer from whom you have already received such a consultation pursuant to a donation you made on the DG platform. If you make any additional donations on the DG platform, which is encouraged, then DG shall match you with an Interior Designer with whom you haven’t been matched previously by DG. All Users of the DG platform, including consumers and Interior Designers, agree not to attempt to circumvent this rule.

4. Nature of DG and Tax Deductibility.

DesignGivers Ltd. is a charitable not-for-profit organization organized under the laws of the State of New York. DG was founded in April, 2020 initially as a response to the COVID-19 crisis. On April 14, 2020, DG made its application using Form 1023-EZ with the Internal Revenue Service asking for 501c3 status as a “public charity,” which provides the maximum tax deduction to U.S. taxpayers who donate to DG. Although DG has not received its 501c3 determination letter at this time from the IRS, DG is expecting to receive that document sometime in 2nd or 3rd Quarter, 2020. Once the IRS generates this document, all donations made to DG from April, 2020 shall become retroactively tax deductible where applicable. Be advised that the fair market value of the sixty (60) minute consultation(s) received by Users of the DG platform has a Fair Market Value of $0.00 per the standards of the interior design industry in the United States.

5. Nature of DG’s Relationship to Interior Designers.

By using the DG platform, you hereby acknowledge that there is no employment or independent contractor relationship between any of the users and DG. DG does not take part in any of the transactions between the consumers who use the DG platform nor does it qualify the Interior Designers thereon. As such, all Interior Designers who use the Site agree to not represent themselves to any DG user as an employee or independent contractor of DG and shall correct any user who indicates their belief otherwise. DG shall NOT indemnify, defend, or hold harmless any of the providers who obtain work assignments using the DG platform from claims by third-parties. DG shall not negotiate on your behalf with users or attempt to settle disputes between yourself and any DG user.

6. Image Consent.

By using the DG platform, you are irrevocably consenting to have your image, video, and voice recorded during the consultation sessions that you take part in on the platform. The recording(s) of these sessions shall be the intellectual property of DG and all Users agree to allow DG to use their image, voice, video, etc. for their marketing materials. DG agrees not to use these materials in a disparaging manner.

7. No Endorsement of Services.

DG does not endorse any services offered by the Interior Designers who use the DG Platform. By using the platform, you agree to indemnify, defend, and hold DG harmless with regard to any liability which may arise out of the business relationship between yourself and any other user of the DG platform.

8. Refunds.

DG does NOT refund donations received via the DG platform for any reason other than the donation being unauthorized by the User. If a User is unsatisfied with the consultation they received, or did not receive a consultation when they should have, their only recourse is to notify DG who will match the User with another Interior Designer.

9. Conduct

Providers who use the DG platform agree to communicate in a courteous manner with DG users and shall refrain from communicating with DG users in an offensive manner. DG reserves the right to suspend provider privileges on the DG platform or remove any provider from the DG platform if any such provider violates this policy. Removal or suspension shall be decided on a case-by-case basis at DG’s sole and unfettered discretion

10. Trademarks and Copyrights.

SThe Content of this Site is the property of DG, its Affiliates and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of DG or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF DG. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of DG or its owner if DG is not the owner.

11. Emails.

The contents of an Email (including any attachments) you receive from any system of DG or Affiliates are confidential to the sender and the intended recipient. The information contained in such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error. Any views or opinions expressed in an Email that you receive from any system of DG or Affiliates are solely those of the author of such Email and do not necessarily represent those of DG or Affiliates unless specifically stated. The content of an Email that you receive from any system of DG or Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that Email submissions over the Internet may not be secure, and you should consider this before Emailing the Site, DG or Affiliates any information. Neither DG nor any of Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that DG and Affiliates reserve the right to intercept, monitor, review and retain Email messages from external and internal sources as permitted by applicable law.

12. Rules of Conduct.

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site, send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”, violate DG’s rights or the rights of others, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information, forge any TCP/IP packet header or part of the header information in any email or Posting (as hereinafter defined) for any reason, violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to and/or use the Site, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement, modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise, or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

13. Postings

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information (“Post” or “Postings”). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, DG or any Affiliates. We reserve the right to monitor, moderate, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have under these Terms of Use, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. You understand, acknowledge and agree that we have the right to moderate, delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

14. Unsolicited Submissions.

Please do not send any unsolicited submissions to or through the Site, DG or Affiliates including, without limitation, any creative materials, product or service ideas or inventions (“Unsolicited Submissions”). You agree and understand that DG and Affiliates are not obligated to use your Unsolicited Submissions, and may alternatively choose to discard your Unsolicited Submissions without any liability whatsoever.

15. Registration.

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. DG reserves the right to terminate membership and/or deny access to the Site to any person in its sole discretion.

16. Linking Policy and Links to Third Party Websites.

If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any of DG’s and/or Affiliate’s names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with DG. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you “frame” this Site or alter its Content in any way. DG reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Site and/or these Terms of Use. This Site also contains links or references to other websites maintained by third parties over which DG has no control. DG is not responsible for the content or performance of other websites to which this Site may be linked or from which this Site may be accessed. DG makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by DG.

17. Disclaimers.

THE SITE, THE CONTENT, AND ALL EMAILS SENT BY DG OR AFFILIATES (“EMAILS”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DG AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER DG NOR AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DG OR AFFILIATES. DG AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. DG DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

18. Limitations of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DG OR AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS SITE, THE CONTENT, THE EMAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, THE CONTENT, OR THE EMAILS, EVEN IF DG OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, THE CONTENT, OR THE EMAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DG OR AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL DG OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DG OR AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Indemnification.

By accessing, responding to, and providing services to DG users, you agree to indemnify, defend and hold harmless DG and Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities, losses, damages, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to your conduct on the Site or mobile application as well as your conduct while performing jobs assigned by DG users, including, but not limited to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law; (c) a claim by a third party that is based on your use of this Site and/or the Content as well as your performance of any job assignment that you receive from a DG user; (d) DG’s and/or Affiliate’s use of any information you provide or (e) any misrepresentation made by you. You will cooperate as fully and as reasonably required in DG’s defense of any claim. You shall not in any event settle any matter without the written consent of DG. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

20. Location/Governing Law.

DG operates the Site in the United States. Information contained on the Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Site or export the Content in violation of U.S. export laws and regulations. These Terms of Use and your use of the Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, if otherwise applicable. This Agreement shall be governed and construed in accordance with and pursuant to the laws of the State of New York. In the event of a dispute, any adjudication of the same shall have venue within New York, New York. The Parties agree to arbitrate all disputes arising out of this Agreement, except for those disputes whose contested monetary value is $4,999 or less, pursuant to the rules of the American Arbitration Association Commercial Division. The Parties agree that the decision of the Arbitrator or Arbitration Panel shall be binding upon the Parties and that the prevailing Party shall be entitled to costs from the non-prevailing Party including, but not limited to, reasonable attorney fees, interest, and filing fees. In the event of a dispute with a contested monetary value of $4,999 or less, the Parties shall adjudicate same within small claims court within New York, New York. However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site or any film, television program, show, website, property, production or materials owned or controlled by DG or Affiliates. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

21. Miscellaneous.

DG will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of DG. DG reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Site, or upon demand by DG, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Agree