© 2013 by Dorazio Enterprises, Inc., San Antonio, Texas 78232.
AGREEMENT TO TERMS AND CONDITIONS OF USE: These Terms and Conditions of Use (hereafter “Terms”) apply to the Dorazio Enterprises, Inc. (hereafter “DORAZIO”) Web site located at http://dorazioenterprises.com, and all associated sites linked to http://dorazioenterprises.com by DORAZIO, its subsidiaries and/or affiliates (collectively and hereafter, the “Site”). The Site is the property of DORAZIO. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, YOU AGREE TO IMMEDIATELY CEASE FROM USING THIS SITE.
CHANGES: DORAZIO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
USE: As long as you comply with these Terms, DORAZIO grants you a personal, non- non-competitive, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to DORAZIO, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other person, computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without DORAZIO’s express prior written consent. You may use information on DORAZIO products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by DORAZIO for downloading from the Site, provided that: (1) you not remove any proprietary notice language in all copies of such documents; (2) you do not use such information for preparing a Quote, Bid, Mini Bid, Proposal, Request Order, Task Order, Delivery Order, etc. when DORAZIO is an interested or qualified Bidder; (3) you use such information only for your personal, and non-competitive informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (4) you make no modifications to any such information; and (5) you not make any additional representations or warranties relating to such documents. Your Use of the Site You may not use any “deep-link”, “page-scraper”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DORAZIO reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DORAZIO server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DORAZIO, including any DORAZIO account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DORAZIO’s systems or networks, or any systems or networks connected to the Site or to DORAZIO. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DORAZIO on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of DORAZIO or others.
PURCHASES, OTHER TERMS AND CONDITIONS: DORAZIO’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. DORAZIO may make changes to any products or services offered on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and DORAZIO makes no commitment to update the materials on the Site with respect to such products and services. The following policy terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: Intellectual Property; Trademark Information; Service Mark Information; Patent Information; Copyright Information; Rights and Permissions; Claims of Copyright Infringement; Information Security; Security Breach Prevention; Piracy Prevention; Legal Contacts; Dorazio Business Network Protection; etc. Each of these Policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
ACCOUNTS, PASSWORDS AND SECURITY: Certain features or services offered on or through the Site may require you to obtain a DORAZIO ID and password, for example to gain File Transfer Protocol (hereafter “FTP”) access. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify DORAZIO immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by DORAZIO or any other user of or visitor to the Site due to someone else using your DORAZIO ID, password or account. You may not use anyone else’s DORAZIO ID, password or account at any time without the express permission and consent of the holder of that DORAZIO ID, password or account. DORAZIO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS TO OTHER SITES AND TO THE DORAZIO SITE: This Site may contain links to other independent third-party Web sites (hereafter “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under DORAZIO’s control, and DORAZIO is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS: DORAZIO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DORAZIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. DORAZIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DORAZIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DORAZIO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DORAZIO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. DORAZIO reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY: Except where prohibited by law, in no event will DORAZIO be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DORAZIO has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, DORAZIO is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, DORAZIO’s liability shall in no event exceed USD1.00 (“US $1.00”). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNITY: You agree to indemnify and hold DORAZIO, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DORAZIO by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS: DORAZIO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DORAZIO’s rights or property, or the rights or property of visitors to or users of the Site, including DORAZIO’s customers. DORAZIO reserves the right at all times to disclose any information that DORAZIO deems necessary to comply with any applicable law, regulation, legal process or governmental request. DORAZIO also may disclose your information when DORAZIO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that DORAZIO may preserve any transmittal or communication by you with DORAZIO through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DORAZIO determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any such data violates the rights of others; (4) protect DORAZIO’s competitive advantage and/or market share; or (5) protect the rights, property or personal safety of DORAZIO, its employees, users of or visitors to the Site, and the public.
BLOCKED USE OF THE SITE: You agree that DORAZIO may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to DORAZIO, for which monetary damages would be inadequate, and you consent to DORAZIO obtaining any injunctive or equitable relief that DORAZIO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DORAZIO may have at law or in equity.
You agree that DORAZIO may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies; (2) notices of your competitive maneuvers and actions against DORAZIO; (3) a request by you for a self-initiated account deletions; (4) a discontinuance or material modification of the Site or any service offered on or through the Site; or (5) an unexpected technical issues or problems. If DORAZIO does take any legal action against you as a result of your violation of these Terms, DORAZIO will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DORAZIO. You agree that DORAZIO will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION: You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by and be construed in accordance with the laws of Texas. The Parties hereto agree to the exclusive personal and subject matter jurisdiction of the courts located in San Antonio, Texas. You agree to the personal jurisdiction by and venue in the state and federal courts in San Antonio, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between DORAZIO and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty  days), then either party may submit such controversy or dispute to On-Line Dispute Resolution (hereafter “ODR”).
ODR PROCEDURES: You agree that all disputes arising out of or in connection with these Terms, or in the application of, any of the provisions shall be finally resolved through three-arbitrator ODR and not traditional Alternate Dispute Resolution (hereafter “ADR”). The Parties to this Agreement agree that the decision of the ODR arbitration (hereafter “Arbitration”) shall be binding, and shall be accomplished remotely by the use of information and communication technologies (hereafter “ICT”), which may not actually physically occur in the United States of America. DORAZIO and you shall independently select an arbitrator, and DORAZIO shall select an uninterested third party as the common arbitrator. The Arbitration decision shall be binding, and shall be enforceable by the Courts of your residence, and the Courts of the Unites States of America. You further agree that DORAZIO and you shall be solely responsible for their respective ODR and ICT costs and expenses (arbitrator and/or attorney fees and costs) that you may incur in any manner with respect to these Terms. You further agree that you shall share the costs for common ICT and ODR services (common arbitrator, video teleconferencing, etc.) with DORAZIO.
VOID WHERE PROHIBITED: DORAZIO administers and operates the http://dorazioenterprises.com Site from its main office located in San Antonio, Texas USA. Although the Site is accessible worldwide, not all products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. DORAZIO reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
MISCELLANEOUS: You may not use or export, re-export, copy or adapt any Content, any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
SUMMARY: These Terms constitute the entire agreement between you and DORAZIO with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and DORAZIO with respect to such use are hereby superseded and cancelled. DORAZIO will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. DORAZIO’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by DORAZIO of any provision or any right DORAZIO has to enforce these Terms, nor shall any course of conduct between DORAZIO and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. DORAZIO provides access to DORAZIO international data and, therefore, that data may contain references or cross-references to DORAZIO products, programs and services that are not announced or available in your country. Such references do not imply that DORAZIO intends to announce such products, programs or services in your country.
FEEDBACK: Any feedback you provide at this site shall be deemed to be non-confidential. DORAZIO shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
Copyright © 2011-2013 by DORAZIO ENTERPRISES, INC., 143 N. Tower Dr., San Antonio, TX 78232, USA. All rights reserved. Updated by DORAZIO on 9/30/13.