DP+ Terms

Effective Date: 7/28/2021

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND DUFFEY PETROSKY & COMPANY, LLC (“DUFFEY PETROSKY,” “DP+,” “COMPANY,” “WE,” “OUR” OR “US”).

By accessing or using dpplus.com or any other website with an authorized link to this Agreement (“Website”), or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), clicking on a button or taking another action to signify your acceptance of this Agreement, you (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”), which are incorporated by reference into this Agreement.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY DP+ IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, DP+ will make a new copy of the Terms of Use available at the Website, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Effective Date” at the top of the Terms of Use. If we make any material changes, and you have provided us with an email address, we will also send an email to you. Any changes to the Agreement will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have previously purchased a product from DP+ upon the earlier thirty (30) days after posting notice of such changes on the Website or thirty (30) days after the dispatch of an email notice of such changes.

DP+ may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

DP+ reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

  1. Feedback. You agree that your submission of any ideas, suggestions, documents and/or proposals to DP+ (“Feedback”) is at your own risk and that DP+ has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to DP+ the right to use any Feedback in any way at any time without any additional approval or compensation.
  2. Ownership of and License to Use the Services.
    1. Use of the Services. DP+ and its suppliers own all the rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, DP+ grants you a limited license to use the Services solely for your personal noncommercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. DP+, its suppliers and service providers reserve all rights not granted in this Agreement.
    2. Trademarks. DP+’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of DP+ and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    3. Privacy. Through your use of the Services, you consent to the collection and use of Personal Information, including the transfer of this information for storage, processing, and use by us and our affiliates. Please review our Privacy Policy, available at dpplus.com/privacy-policy, to learn about what information we may collect about you, what we may use that information for and with whom we may share that information.
  3. Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of DP+; (c) you shall not use any metatags or other “hidden text” using DP+’s name, service marks or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including, but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by DP+ pursuant to this Agreement.
  4. Third-Party Services. The Services may contain links to third-party websites or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. DP+ does not control and is not responsible for Third-Party Links. DP+ provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to them or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
  5. Indemnification. You agree to indemnify and hold DP+, subsidiaries and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “DP+ Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning (a) your misuse of the Services; (b) your violation of this Agreement; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. DP+ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DP+ in asserting any available defenses. This provision does not require you to indemnify any of the DP+ Indemnitees for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of this Agreement or your access to the Services.
  6. Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DP+ INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARISING FROM THE SERVICES. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
  7. Limitation of Liability.
    1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DP+ INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT DP+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Disclaimer of Third-Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE DP+ INDEMNITEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES.
    3. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE DP+ INDEMNITEES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO DP+ BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
    4. User Content and Settings. THE DP+ INDEMNITEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DP+ AND YOU.
    6. Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS. IN ADDITION, THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
  8. Termination. At its sole discretion, DP+ may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, DP+ reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you.
  9. General Provisions.
    1. Electronic Communications. The communications between you and DP+ use electronic means, whether you visit the Services or send DP+ emails, or whether DP+ posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from DP+ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that DP+ provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
    2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DP+’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
    3. Force Majeure. DP+ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
    5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DP+ agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court will be litigated exclusively in the state courts in Oakland County, Michigan.
    6. Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MICHIGAN, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
    7. Notice. Where DP+ requires that you provide an email address, you are responsible for providing DP+ with your most current email address. In the event that the last email address you provided to DP+ is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, DP+’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to DP+ at the following address: DP+, 38505 Country Club Drive, Suite 110, Farmington Hills, MI 48331. Such notice shall be deemed given when received by DP+ by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
    8. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    9. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    10. Export Control. You may not use, export, import or transfer the Services except as authorized by U.S. law.
    11. Consumer Complaints. You may report complaints to DP+, 38505 Country Club Drive, Suite 110, Farmington Hills, MI 48331.
    12. Entire Agreement. This Agreement is the final, complete and exclusive Agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

DP+ Privacy Policy

This Privacy Policy describes how your Personal Information is collected, used and shared when you visit https://dpplus.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files placed on your device and often include an anonymous unique identifier. For more information about cookies and how to disable them, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site and collect data, including your IP address, browser type, internet service provider, referring/exit pages and date/time stamps.
  • “Web beacons,” “tags” and “pixels” are electronic files used to record information about how you browse the Site.

When we talk about “Personal Information” in this Privacy Policy, we are talking about Device Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

MINORS

The Site is not intended for individuals under the age of 18.

CHANGES

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at rbishop@dpplus.com or by mail using the details provided below:

38505 Country Club Dr STE 110, Farmington Hills, MI 48331, United States