Terms of Use

DRE Software, Inc. Terms of Use

By using the dresoftware.com web sites (“Service”), and services of DRE Software, Inc. (“DRE”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”).
DRE reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at: http://www.dresoftware.com/terms.shtml

You and other users may submit, post, display, transmit and/or exchange information, data, text, software, music, sound, photographs, graphics, video, messages or other material through the Service (“Content”) and violation of any of the terms below will result in the termination of your Account. While DRE prohibits certain conduct and Content on the Service, you understand and agree that DRE cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such prohibited materials. You agree to use the Service at your own risk.

Account Terms

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You are responsible for maintaining the security of your account and password. DRE cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Notify DRE immediately of any actual or suspected loss, theft or unauthorized use of your password.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
If you are using a trial account you are not permitted to block ads.
One person or legal entity may not maintain more than one trial account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for all Individual plan accounts.
If you initially sign up for an Individual plan account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any change in the number of users you are paying for (sponsoring), the credit card that you provided will automatically be charged the new rate on your next billing cycle.

Cancellation and Termination

You are solely responsible for properly canceling your Account. An email or phone request to cancel your account is not considered cancellation. You can cancel your Account at any time by clicking on the My Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link.
Upon cancellation of an Account, the registered email/user ID will no longer have access to any of the pre-existing content.
If you cancel your Account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
DRE, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other DRE service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. DRE reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

DRE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the DRE Site (www.dresoftware.com) or the Service itself.
DRE shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

All Content posted on the Service must comply with U.S. copyright law. The Service is controlled and operated by DRE from its offices within the United States of America. DRE makes no representation that the Content is appropriate or available for use in other locations and other countries. Those who choose to access the Service from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Any unauthorized or illegal use of any images may violate international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
DRE does not pre-screen Content, but DRE and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright©2009 DRE Software, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DRE Software, Inc.
Content does not reflect the views of DRE; and we do not have any obligation to monitor, edit, or review any Content on the Service. We assume NO responsibility or liability arising from the content of any such Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Content.
You are strictly prohibited from submitting, posting, displaying, transmitting and /or exchanging any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DRE will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials.

INFRINGEMENT POLICY
DRE, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your ability to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. DRE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), DRE has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to DRE in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

By mail:

DRE Software Inc.
410 Pierce Street
Houston, TX 77002
ATTN: Donald Hatter
Telephone: +1-713-357-9624

By email: copywrite@dresoftware.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address.

E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right of owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying Account holders and is only available via email.
You understand that DRE uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DRE, or any other DRE service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of DRE.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DRE customer, employee, member, or officer will result in immediate Account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds the average bandwidth usage (as determined solely by DRE) of other DRE customers, we reserve the right to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption.
DRE does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that DRE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DRE has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the service.
You agree to indemnify, defend and release DRE and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Content, including, without limitation, any claims that if the allegations were true would constitute a breach of this Terms of Use.
The failure of DRE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and DRE and governs your use of the Service, superseding any prior agreements between you and DRE (including, but not limited to, any prior versions of the Terms of Use).
Questions about the Terms of Use should be sent to info at dresoftware dot com.
Information related to your use of this Service is subject to the Privacy Policy located at: www.dresoftware.com. The Privacy Policy is a part of this Terms of Use and is incorporated by its reference herein.
This Terms of Use and the Privacy Policy constitute the entire agreement between you and DRE and governs your use of the Service, superseding any prior agreements between you and DRE with respect to the Service. The laws of the State of Texas and United States will apply to all matters relating to the use of this Service and you agree to submit to the exclusive personal jurisdiction and venue of the Harris County, Texas, United States or in a venue selected at the sole discretion of DRE. DRE reserves the right to seek any and all remedies available at law or in equity for violations of this Terms of Use, including the right to block access from a particular Internet address to the Service. DRE may at any time revise this Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. If any of the terms and conditions of this Terms of Use are held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire Terms of Use. Instead, this Terms of Use shall be construed as if it did not contain the particular provision or provisions held to be invalid, the rights and obligations of the parties shall be construed and enforced accordingly, and this Terms of Use shall remain in full force and effect.