Our services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions are subjected to such laws, you may not use our services in a manner that would violate these laws.
We, along with our brands GoDutchTexan and uPanthera, own or license all intellectual property rights in our services, including source code, databases, functionality, software, website designs, text, photographs, and graphics (collectively, "Content"), as well as trademarks, service marks, and logos ("Marks").
Our content and marks are protected by copyright, trademark laws, and other intellectual property rights worldwide. You are granted a limited license to access and use our services for personal, non-commercial purposes, consistent with these terms.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our services, except as follows:
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
We reserve all rights not expressly granted to you in and to the website, its content, and the services.
By using the services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these terms; (2) you are not under the age of 18; (3) you will not access the services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the services for any illegal or unauthorized purpose; and (5) your use of the services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).
You may be required to register with the services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Your subscription will automatically renew under the exact same conditions unless you cancel it or DutchTexan cancels it. You may cancel your subscription renewal either through your account management page or by contacting our customer support team.
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If not, we grant you a non-exclusive, non-transferable, revocable license to use the software solely in connection with our services.
You may not access or use the services for any purpose other than that for which we make the services available. As a user of the services, you agree not to:
The services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the services. Any contributions you make will be considered non-confidential and non-proprietary.
By posting your contributions to any part of the services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, and distribute such contributions.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
If you access the services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, and to access and use the application on such devices strictly in accordance with these terms.
As part of the functionality of the services, you may link your account with online accounts you have with third-party service providers by providing your third-party account login information through the services. You represent and warrant that you are entitled to disclose your third-party account login information to us.
The services may contain links to other websites ("third-party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("third-party content"). We are not responsible for any third-party websites accessed through the services or any third-party content posted on, available through, or installed from the services.
We allow advertisers to display their advertisements and other information in certain areas of the services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the services for violations of these terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms; (3) refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof; (4) remove from the services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services.
We respect the intellectual property rights of others. If you believe that any material available on or through the services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
These terms shall remain in full force and effect while you use the services. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation.
We reserve the right to change, modify, or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services.
To expedite resolution and control the cost of any dispute related to these terms, you and DutchTexan agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one person to the other.
There may be information on the services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the services; (3) breach of these terms; (4) any breach of your representations and warranties set forth in these terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the services with whom you connected via the services.
We will maintain certain data that you transmit to the services for the purpose of managing the performance of the services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services.
Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing.
By opting into DutchTexan's SMS text messaging, you consent to receive text messages from us regarding your account and services. Message and data rates may apply. You can opt out of receiving SMS messages at any time by replying "STOP."
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
These terms and any policies or operating rules posted by us on the services or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision.
Each account is non-transferable and may only be used by the original account holder. Sharing or transferring credentials is prohibited and may result in account termination.
All messaging transmitted via our platform must comply with applicable laws and regulations. You must obtain consent from recipients before sending messages.
Some services may incur additional charges based on usage. These charges will be communicated to you upon service initiation.
Subscribers may elect to purchase additional add-on services for enhanced functionality. Fees for these services are billed monthly in advance.
To resolve a complaint regarding the services or to receive further information regarding use of the services, please contact us at: