DIGIOP strives to encourage and support equality and diversity. All employees and customers will be treated respectfully without regard to age, gender, sexual orientation, race, religion, ethnicity, disability or impairment, language proficiency, social, or economic status. 

Communications: Our business hours are from 9 a.m.- 5 p.m. Monday through Friday, EST and our Support hours are from 8 a.m.- 6 p.m. Monday through Friday, EST. If you contact us outside business hours, we will contact you back within one business day. 

Privacy

DIGIOP

Website Privacy Policy

Last Revised: January 4, 2023

1. General

We know that your privacy is important to you, and we work hard to earn and keep your trust.  DIGIOP (collectively with its subsidiaries, “Company,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”).

This Policy describes:

• The types of information we collect from you or that you may provide when you visit our website available at: https://www.digiop.com/ as well as any websites and blogs directly owned by the Company (collectively, our “Website”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy governs our interactions with you in the following capacity:

• You may simply visit our Website and browse information, or possibly sign up for a newsletter or otherwise request communications from the Company.

Unless otherwise specified, this Policy applies in the same manner to you and your personal information.

This Policy applies to information we collect on this Website or in emails and other electronic messages between you and this Website, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy.

This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by the Company or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Website (for further information, see below, “Third-party Websites”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our Website.  By using our Website, you agree to the terms of this Policy.  This Policy may change from time to time (see below, “Changes to this Policy”).  Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

2. Website Terms of Use; Other Agreements

This Policy should be read in conjunction with any applicable Terms of Use, into which this Policy is incorporated by reference.

3. What We Collect and How We Collect It

To ensure that we provide you with the best possible experience, we will store, use, and share personal information about you in accordance with this Policy.  Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”).  In particular, the Website may collect the following categories of Personal Information from users of the Website:

Category	Examples	Collected
Identifiers.	A real name, company name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, physical characteristics or description, address, telephone number.	YES
Geolocation data.	Physical location or movements.	YES

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, when you:
  • Provide feedback submissions for our Success Stories section on this Website;
  • Subscribe to one of our e-newsletters; or
  • Communicate with us, such as request information or sign up for a product demonstration.
• Indirectly from you. For example, through information we collect from you in the course of providing our services to you.
• Directly and indirectly from activity on our Website. For example, from Website usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below.

The information that you provide in each case will vary.  In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information.  When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services. 

When you provide this information to us, you are no longer anonymous.  Moreover, we may receive information about you from other sources and add it to the information you have provided to us.

4. Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our Website.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website.  Some of the tools we use to automatically collect information about you may include:

• Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use either (or both) of them:

  (1) session cookies, which do not stay on your device after you close your browser, and

  (2) persistent cookies, which remain on your device until you delete them or they expire. 

We may use the following categories of cookies on our Website.

1. Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items, cannot be provided.

 

1. Performance Cookies. These cookies collect anonymous information on how you use our Website to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.

 

• Functionality Cookies. These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.  These cookies cannot track your browsing activity on other websites.

 

1. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties, such as advertisers.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

• Google Analytics. The Website sends aggregated non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance.  For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

• Web Beacons. A Web Beacon is an electronic image.  Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Website.  This information is only collected in aggregate form and will not be linked to your Personal Information.  Please note that any image file on a webpage can act as a Web Beacon.
• Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

• Third-party Websites and Services. We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

5. How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:

• providing the information, products and services you request;
• providing you with effective customer service;
• providing you with a personalized experience when you use this Website;
• contacting you with information and notices related to your use of this Website;
• better understanding your needs and interests;
• improving the content, functionality and usability of this Website;
• improving our products and services;
• Improving our Success Stories section of this Website using your submissions;
• improving our marketing and promotional efforts; and

• any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

Duration. The length of time Company intends to retain Personal Information, including sensitive information is for as long as reasonably necessary to carry out Company’s intended business purpose for such information. 

6. How We Disclose Your Information

We do not sell or lease your Personal Information to any third party.  We may disclose your Personal Information to a third party for a business purpose. When we disclose your Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.

In the preceding 12 months, we may have disclosed the following categories of Personal Information for one or more business purposes:

• Identifiers;
• Commercial information;
• Internet or other network activity information; and
• Inferences drawn from other Personal Information.

We may disclose your Personal Information for a business purpose to the following categories of third parties:

• Our affiliates; and
• Third-party vendors who provide services that enhance our Website, products and services to you (such as vendors for credit card processing, advertising and marketing and customer support).

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances: 

• Legal Reasons.

• We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;
• To respond to duly authorized information requests from law enforcement or other governmental authorities;
• To enforce our agreements, policies, or the Terms of Use;
• To investigate and prevent security threats, fraud, or other malicious activity; or
• To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or Company employee.

• Sale of Business or Merger. There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.

7. Your Choices and Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information.

We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information.  After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email.  Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.

8. Information of Minors

We do not intentionally seek to gather information from individuals under the age of 18.  We do not target the Website to minors, and would not expect them to be engaging with our Website or services.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. 

9. Submissions

We welcome inquiries or feedback on the services or products you might use or like to use.  Any inquiries, feedback, suggestions, ideas, materials, comments or other information you provide to us (collectively, the “Submissions”) will be treated as non-proprietary and non-confidential.  In addition, we may use your Submissions in advertising campaigns and other promotions, such as in the Success Stories section of this Website.  We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Submissions for such purposes.  Therefore, you should have no expectation of privacy with respect to your Submissions on or through this Website.  You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Submissions comply with our Terms of Use or other applicable agreements.  All terms and conditions of our Terms of Use apply to Submissions on or through this Website.  In particular, your Submissions must not violate the privacy or other rights of others.  You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

10. Third-party Websites

This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates.  Our Website may link to third-party websites and services including the DIGIOP Quick Support function available at https://get.teamviewer.com/digiop.  For example, if you click on an advertisement on this Website, you may be taken to another website that we do not control.  These links are not endorsements of these websites, and this Policy does not extend to them.  Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information. 

11. For Website Users or Visitors Outside of the United States

Our Website is designed for use by individuals in the United States only.  We do not warrant or represent that this Policy or the Website’s use of your Personal Information complies with the laws of any other jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy. 

12. Safeguarding the Information We Collect

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.       

13. Changes to this Policy

This Policy describes our current policies and practices with regard to the information we collect through this Website.  We are continually improving and adding to the features and functionality of this Website along with the products and services we offer through this Website.  If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above.  You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

14. How to Contact Us

We value your opinions and welcome your feedback.  To contact us about this Policy or your Personal Information, please contact us by email at support@localhost or by telephone at 1-800-968-3606.

 

Security

DIGIOP
Security Commitments

 

Last Revised:  January 4, 2023

 

Organizational Security

• Information Security Program
  • We have an Information Security Program in place that is communicated throughout the organization. Our Information Security Program follows the criteria set forth by the SOC 2 Framework. SOC 2 is a widely known information security auditing procedure created by the American Institute of Certified Public Accountants.
• Third-Party Audits
  • Our organization undergoes independent third-party assessments to test our security and compliance controls.
• Third-Party Penetration Testing
  • We perform an independent third-party penetration at least annually to ensure that the security posture of our services is uncompromised.
• Roles and Responsibilities
  • Roles and responsibilities related to our Information Security Program and the protection of our customer’s data are well defined and documented. Our team members are required to review and accept all of the security policies.
• Security Awareness Training
  • Our team members are required to go through employee security awareness training covering industry standard practices and information security topics such as phishing and password management.
• Confidentiality
  • All team members are required to sign and adhere to an industry standard confidentiality agreement prior to their first day of work.
• Background Checks
  • We perform background checks on all new team members in accordance with local laws.

Cloud Security

• Cloud Infrastructure Security
  • All of our services are hosted with Microsoft Azure. They employ a robust security program with multiple certifications. For more information on our provider’s security processes, please visit Azure Security (https://learn.microsoft.com/en-us/azure/?product=popular) .
• Data Hosting Security
  • All of our data is hosted on Microsoft Azure databases. These databases are all located in the United States. Please reference the above vendor specific documentation linked above for more information.
• Encryption at Rest
  • All databases are encrypted at rest.
• Encryption in Transit
  • Our applications encrypt in transit with TLS/SSL only.
• Vulnerability Scanning
  • We perform vulnerability scanning and actively monitor for threats.
• Logging and Monitoring
  • We actively monitor and log various cloud services.
• Business Continuity and Disaster Recovery
  • We use our data hosting provider’s backup services to reduce any risk of data loss in the event of a hardware failure. We utilize monitoring services to alert the team in the event of any failures affecting users.
• Incident Response
  • We have a process for handling information security events which includes escalation procedures, rapid mitigation and communication.

Access Security

• Permissions and Authentication
  • Access to cloud infrastructure and other sensitive tools are limited to authorized employees who require it for their role.
  • Where available we have Single Sign-on (SSO), 2-factor authentication (2FA) and strong password policies to ensure access to cloud services are protected.
• Least Privilege Access Control
  • We follow the principle of least privilege with respect to identity and access management.
• Quarterly Access Reviews
  • We perform quarterly access reviews of all team members with access to sensitive systems.
• Password Requirements
  • All team members are required to adhere to a minimum set of password requirements and complexity for access.
• Password Managers
  • All company issued laptops utilize a password manager for team members to manage passwords and maintain password complexity.

Vendor and Risk Management

• Annual Risk Assessments
  • We undergo at least annual risk assessments to identify any potential threats, including considerations for fraud.
• Vendor Risk Management
  • Vendor risk is determined and the appropriate vendor reviews are performed prior to authorizing a new vendor.

Contact Us

If you have any questions, comments or concerns or if you wish to report a potential security issue, please contact support@localhost

Terms of Use

DIGIOP
Website Terms of Use

Last Revised:  January 4, 2023

These Terms of Use (the “Terms”) are entered into between you (“you,” or “User”) and DIGIOP (“Company,” “we,” “us,” and “our”).  These Terms govern your access to and use of Company services offered on the website located at https://www.digiop.com (the “Website”), including any content or functionality offered on or through the Website. The Website is published, owned, and operated by the Company.

By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms, please do not use the Website.

1. Purpose of the Website. 

The Website is provided solely for informational purposes and the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated above by reference.

• Use of the Website. 

The Company grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use.  Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Website for commercial purposes.  You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.

• User Account Responsibility. 

If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords.  When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date.  You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account.  The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

• Prohibited Uses.  You agree that you will not:
  
  
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
• Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• Third-party Websites. 

The Website may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”).  Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site.  The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.

• Third-party Applications. 

You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications, including the DIGIOP Quick Support function available at https://get.teamviewer.com/digiop.  The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.

• Intellectual Property Notices. 

The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights.  Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms.  The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.

Copyright. You should assume that everything you see or read on the Company’s Website is copyrighted unless otherwise noted and may not be used without the written permission of the Company.  The Company neither warrants nor represents that your use of materials displayed on the Company’s Website will not infringe the rights of third parties.  Content, images, photographs, or illustrations displayed on the Company’s Website is either property of, or used with permission by, the Company.  The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Website.  Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademark. DIGIOP, DIGIOP ELEMENTS, and DIGIOP CARBON are [a] registered trademark(s) owned by the Company.  Nothing contained on the Company’s Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Website without the written permission of the Company or such third party that may own a trademark displayed on the Company’s Website.  Your misuse of the Company’s trademark(s) displayed on the Company’s Website, or any other Content on the Company’s Website, except as provided herein, is strictly prohibited.

Your Content.  Any Content you create or own or to which you have a license and use on the Website is Your Content.  In sharing or consenting to the Company sharing Your Content on the Website, such as in the Success Stories section of the Website, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website.  The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching.  These and other features may require our Company systems to access, store, and scan Your Content.  You may also be able to share Your Content with others, so please think carefully about what you share. 

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website.  You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. 

Questions regarding the use of any intellectual property provided on the Website should be directed to support@localhost.

• United States Only. 

The Company is based in the state of Indiana in the United States.  The Company provides this Website for use only by persons located in the United States.  We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.

• Disclaimer. 

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

1. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.

1. Indemnity.

You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the Company Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Website, or from any other misuse of the Website.  You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs.  Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Website, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.

1. Termination and Restriction of Access.

In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms.  The Company shall not be liable for any losses or damages arising from any such termination of service.

1. Arbitration. 

At its sole discretion, the Company may require you to submit any disputes arising from use of the Website, or breach of these  Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.  By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.

1. Limitation on Time to File Claims. 

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

1. Governing Law & Jurisdiction. 

These Terms are governed by the laws of the State of Indiana, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Indianapolis, Indiana U.S.A. in all disputes arising out of or relating to the use of the Website.

1. Changes to these Terms of Use.

The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company.  The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

1. General.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website.  You may not assign these Terms without the prior written consent of the Company in all instances.  The Company may assign these Terms, in whole or in part, at any time.  The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. 

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

1. Company Contact Information. 

Questions can be directed to the Company at:

DIGIOP

6330 East 75^th Street, Suite 140

Indianapolis, IN 46250

1-800-968-3606

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