Terms of Service
Date: 02/01/2020
Welcome to the dtour.life website (“site”) of DTour, Inc. (together “DTour,” “we,” “us,” or “our”). This site is owned and maintained by DTour, Inc to provide information about our organization and services (the "Services") and your use of our Services.
1. Agreement
Your access to and use of this site are subject to this agreement or Terms of Service (“TOS”). Please read this TOS carefully before you start to use our site. By creating an account, clicking “I agree”, signing an agreement that refers to this TOS, you agree to be bound by the terms and conditions of this TOS and our Privacy Policy, which is incorporated herein by reference. This TOS governs the relationship between DTour, Inc and the user ("User(s)") which may be an individual, agent for an individual, and/or legal counsel. Please read this entire TOS carefully as it contains contractual provisions that may impose obligations on you and limit your rights. You also agree to abide by all our policies made available to you and all applicable local, state, federal, and international law in your use of our site and you further agree to not to use this site in any manner not intended by DTour.
2. Amendment of the TOS
We reserve the right to amend the TOS without notice. If we decide to modify the TOS we will post those modifications here. You are responsible for regularly monitoring this site in order to remain informed of any modification. Any such amendment shall be effective once the revised terms have been posted on this site and your continued use of this site indicates your acceptance of any modified terms. The date of the most recent revision will be provided at the top of this page.
3. Modification of Site and Services
We reserve the right to withdraw or modify this site and/or any Service or content we provide on the site in our sole discretion without notice and without penalty. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, to Users, including registered Users. We may change the site at any time with or without notice. We may suspend access to the site, or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to the site. You are responsible for ensuring that all persons, including any children or minors, who access the site through your internet connection are aware of the TOS, and that they comply with it.
4. Account Information
To access the site and/or some of the resources it offers, you will be asked to provide certain registration, personal, and billing information and provide updates as changes occur. It is a condition of your use of the site that all the personal information you provide on the site is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. It is the User's responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep user names and passwords confidential. You agree to immediately notify DTour, Inc of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from any account at the end of each session. You should use particular caution when accessing an account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of the TOS. At our sole discretion, we may terminate, change, suspend, or discontinue any aspect of the site, including, but not limited to, our offered services. We may also impose limits on certain features of the site and restrict all or part of access to this site, without notice, and without being subject to penalty.
5. Restrictions
By accessing and/or otherwise using this site and/or its Services, you (a) certify that you are at least 18 years of age and (b) have read and agree to be legally bound by the TOS. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit personally identifiable information from users known to be under thirteen (13) years of age. However, we shall accept and store data on minors submitted by you as part of the account information that may be required in order for us to provide our Services. You consent to the use of your minor children’s information when you input the information into our system. You are responsible for ensuring that all persons, including any children or minors, who access the site through your internet connection are aware of the TOS, and that they comply with it.
6. Services
Users on our site will have access to our various Services, consistent with the level of Service desired and ultimately used. Here is how our Service generally works: Individuals, agents and/or legal counsel will input personal information in the event of a domestic relations legal matter whether it is a divorce, custody, guardianship or other family-law related matter. This personal information is then used, modified, transferred and or shared as may be required for multiple uses throughout the duration of the case.
7. Fees, Payment
Users agree to pay us a monthly subscription fee. We may change our standard fees or levels of service at any time. All fees are payable in advance. Any payment not made when due will be subject to interest of one and a half percent (1.5%) per month compounded monthly (equivalent to a yearly interest rate of 18%). Payments are non- refundable.
8. Third-Party Sites, Products and Services
Our site may contain information provided by, and links to, third parties other than DTour Inc and its affiliates that provide services to, or for, us or Users of our site, including, but not limited to, payment services. DTour Inc may partner with third parties for various services and specifically does not represent or warrant that it is responsible for the content or performance of third-party sites or any transactions with them. Furthermore, DTour Inc disclaims all liability and makes no representations or warranties for any products or services sold, or provided by any third-party, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites that may be linked to our site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Any transaction with a third-party is subject to the agreements and/or the terms and conditions of the third-party. Third-party links do not imply that DTour Inc. is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of DTour, Inc.
9. Prohibited Uses
You may use the site only for lawful purposes and in accordance with the TOS, you agree not to use the site:
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in the TOS.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate DTour or a DTour employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the site or create content that disparages, harasses, threatens or otherwise is deceptive, fraudulent, offensive, or which, as determined by us in our sole discretion, may harm DTour, its affiliates, partners, service providers or Users of the site or expose them to unrest, damage or liability.
Additionally, you agree not to:
Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through the site.
Use any robot, spider or other automatic device, process or means to access the site for any purpose, including to monitor or copy any of the material on the site.
Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the site.
Send spam; perpetrate a security breach; hack; or perform any privacy breach or fraudulent activity; introduce any viruses, harmful codes, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the Site.
Attack the site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the site.
10. Intellectual Property Rights
The site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DTour Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Our Services display content that is not ours since our Services create a marketplace for the purchase and sale of marketing services. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we believe violates our policies or the law in our sole discretion. But that does not necessarily mean that we review the content that is on our site, so please do not assume that we do.
You agree not to reproduce, sell or exploit for any commercial purposes any part of the site, access to the site or use of the site or any services or materials available through the site. If you wish to make any use of material on the site other than that set out in this section, please address your request to: [email protected]. If you print, copy, modify, download or otherwise use any part of the site in breach of the TOS, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by DTour, Inc. Any use of the site not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark and other laws.
Our name, logo, tagline and all related names, logos, product and service marks, designs and slogans are trademarks of DTour, Inc.,, or its affiliates or licensors. You agree not to use such marks without our prior written permission. All other names, brands and marks are either used for identification purposes only, or displayed with permission, and are the trademarks of their respective owners and you agree not to infringe upon or otherwise use or appropriate any brand logo, trademark, copyright or content of either DTour or any of its affiliates or licensors.
11. Copyright Infringement
If you believe that any User Contributions violates your copyright, please contact us at: [email protected]. It is the policy of DTour Inc to terminate the user accounts of repeat infringers.
12. Default
DTour Inc may immediately terminate this TOS or suspend the User's access to the Services without notice upon the occurrence of any of the following events: (a) User fails to make any payments when due; and (b) User fails to comply with any provision of this Agreement.
13. Communications to DTour; Participation Disclaimer
Although we encourage you to email us, you should not email us any content that contains proprietary information. With respect to all emails that you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, DTour shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of our services that incorporate such information. We reserve the right to block or remove communications or materials that are determined to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another, or (d) offensive or otherwise unacceptable to DTour in its sole discretion.
14. Service Levels
DTour will use commercially reasonable efforts to provide its Services on a continuous basis, subject to reasonable maintenance requirements and matters beyond DTour Inc.'s reasonable control. DTour may make changes to its website and/or its Services at any time in its sole discretion without notice.
15. Support
DTour will provide support to the User for its use of the Services in order to provide educational, supportive and value enhanced tools to help them utilize the Services to achieve their goals. Support will be primarily through the use of web based tools. Support does not include any changes or customizations.
16. User Contributions
The site may contain message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow you to post, submit, display or transmit to other Users content or materials (collectively, "User Contributions") on or through the site. All User Contributions must comply with the Content Standards set out below.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant DTour and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with the TOS, and you agree to protect, defend, indemnify and hold harmless DTour and its affiliates, partners, service providers and licensors for any breach of that representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DTour, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to our site, and all articles and responses to questions and other content, other than the content provided by DTour, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of DTour. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
17. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates our TOS, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the site and the public or could create liability for Dtour.
Limit the amount of storage space used by Users for if in its discretion the amount used is excessive.
Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate your access to all or part of our site for any or no reason, including without limitation, any violation of this TOS.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS DTOUR AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DTOUR DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DTOUR OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
18. Content Standards
These content standards apply to any and all User Contributions and interactive services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with our TOS and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from us or any other person or entity, if this is not the case.
19. Reliance on Information Posted
The information presented on or through our site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.
20. Information About You and Your Visits to the Site
All information we collect on this site is subject to our Privacy Policy. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.
21. Geographic Restrictions
The owner of the site is based in the state of New York in the United States. We provide this site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content or files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DTOUR NOR ANY PERSON ASSOCIATED WITH DTOUR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DTOUR NOR ANYONE ASSOCIATED WITH DTOUR REPRESENTS OR WARRANTS THAT OUR SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DTOUR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitations on Liability
IN NO EVENT WILL DTOUR BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY SITES LINKED TO IT, ANY CONTENT ON OUR SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. DTOUR’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT OF FEES PAID BY USER AND DTOUR RELIES ON THESE LIMITATIONS WHEN ENTERING INTO THIS AGREEMENT AND SETTING ITS FEES. THEY ARE A FUNDAMENTAL AND ESSENTIAL PART OF OUR ARRANGEMENT, AND APPLY EVEN IF THIS AGREEMENT HAS FAILED IN ITS FUNDAMENTAL OR ESSENTIAL PURPOSE OR BEEN FUNDAMENTALLY BREACHED.
24. Indemnification
You agree to protect, defend, indemnify and hold harmless DTour, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of our TOS or Privacy Policy or your use of the site, including, without limitation, any use of the site's content, services and products other than as expressly authorized in the TOS or your use of any information obtained from the site.
25. Limitation on Time to File Claims
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUT TOS, PRIVACY POLICY OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Waiver and Severability
No waiver of this TOS by DTour shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of DTour to assert a right or provision under this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.
27. Survival
The provisions of this Agreement pertaining to use restrictions shall survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.
28. Force Majeure
Neither party is liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, provided that payments shall not be delayed.
29. Notice
All required notices, or notices which may be provided in accordance with this Agreement, shall be in writing and shall be duly provided for if the notice is remitted to its addressee by prepaid courier, registered or certified mail, or e-mail, if to DTour, Inc to the address listed on the contact portion of the dtour.life website, and if to the User to the address set out on its profile. Every notice delivered in the manner provided for herein shall be deemed to have been received: when delivered or if by e-mail the first business day after the date received.
30. Entire Agreement
This TOS and our Privacy Policy constitute the sole and entire agreement between you and DTour Inc., with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Your Comments and Concerns
This site is operated by DTour, Inc at:
954 Lexington Ave
Suite 285
NY, NY 10021
All complaints, feedback, comments, requests for technical support and other communications relating to DTour, Inc., including notices of copyright infringement claims should be directed to: [email protected].
Thank you for visiting dtour.life.