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Subscription Agreement

This Subscription Agreement (β€œAgreement”) is made and entered into immediately upon acceptance of its terms and conditions by you, or immediately upon your use of the Service, as defined below, and is between you and dsabible.com (β€œdsabible.com”). dsabible.com provides a website (β€œWebsite”) that allows you access to coding puzzles and problems (β€œService”).

You desire to use the Service pursuant to the terms and conditions in this Agreement.

You and dsabible.com hereby agree as follows:

  1. Changes

    From time to time dsabible.com may update the terms and conditions of this Agreement without notice. Your use of the Service after an update of the terms and conditions of this Agreement shall constitute your consent to such changes.

  2. Service and Charges

    In consideration of the payment of Charges, as defined below, dsabible.com will provide the Service to you, subject to the terms and conditions of this Agreement. β€œCharges” means the monthly fees applicable to the Service received from dsabible.com. You have agreed to pay on a flat monthly fee (β€œFlat Fee”). You will be billed one month in advance, each month, on the day that you initially registered for the Service. If you cancel the Service you will be immediately billed for the Service you have used for which you have not already paid. You will not receive a refund or credit for a partial month when you cancel the Service. Should dsabible.com discontinue the Service, the monthly Charges shall cease.

  3. Payment Terms

    You shall pay dsabible.com for all Charges through credit card, paypal, google checkout, or similar payment mechanism that dsabible.com accepts (β€œPayment Mechanism”).

  4. Limitations

    As a condition of using the Service you represent and warrant that you will not use the Website or Service for any illegal or unauthorized purpose, and your use of the Website and Service will not violate any laws in your jurisdiction (including but not limited to copyright laws).

  5. User Name and Password

    During the registration process you created a user name and password that allows you to have access to the Service through the Website. You will not provide your user name or password to access the Service to any other person or entity.

  6. Website

    You acknowledge and agree that the information and the Service provided by dsabible.com are accessed by you in part through the Website. You accept and agree to comply with the Terms of Use, Privacy Policy, and copyright and trademark notices of dsabible.com posted on the Website and in effect from time to time. The Terms of Use are incorporated into this Agreement by reference.

  7. Ownership

    dsabible.com owns all right, title and interest in (i) the software that implements the Service and ( ii) all elements of the Website. The Service and Website are copyrighted. Unauthorized copying of any element of the Website or Service or any accompanying written materials is expressly forbidden. You agree that you may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

  8. Termination

    If you choose to cancel your subscription, you must terminate your use of the Service by canceling your subscription within your account dashboard via the Website.

  9. Website Modifications; Price Changes

    dsabible.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. Charges are subject to change upon 30 days’ notice from dsabible.com.

  10. Disclaimer of Warranty

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED β€œAS IS”, AND dsabible.COM AND ITS SUPPLIERS AND LICENSORS DO NOT MAKE, AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE SERVICES AND WEBSITE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), AS WELL AS ANY WARRANTIES THAT THE SERVICES (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE.

  11. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall dsabible.com be liable under any theory of liability for any consequential, indirect, incidental, special, punitive or exemplary damages of any kind ( β€œConsequential Losses”).

  12. Indemnification

    You agree to indemnify, defend and hold harmless dsabible.com, and the officers, directors, employees, agents, contractors, subsidiaries, affiliates, or parent companies of dsabible.com (each an β€œIndemnified Person”) from any loss, cost, expense (including attorney’s fees, expert’s fees, and expenses), demand, claim, liability, damages or cause of action of any kind or character (collectively referred to as β€œClaim”), including without limitation, for any personal injury or death, in any manner arising out of or relating to your, or your officers, directors, employees, agents, assigns, invitees, or other users using the Service under your user name and password, whether authorized or not

    1. violating or otherwise breaching of any provision of this Agreement,
    2. acts or omissions in the conduct of your business,
    3. negligence, recklessness or intentional misconduct, and
    4. violation of any and all laws, rules or regulations.

  13. Miscellaneous

    1. Waiver No party will be deemed to have waived any provision hereof unless such waiver is in writing and executed by a duly authorized officer of the waiving party. No waiver by either party of any provision hereof will constitute a waiver of such provision on any other occasion.
    2. Severability The invalidity or unenforceability, in whole or in part, of any provision, term, or condition hereof will not affect the validity or enforceability of the remainder of such provision, term, or condition or of any other provision, term, or condition.
    3. Governing Law The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of Virginia, USA without resort to its conflicts of laws.
    4. Arbitration The parties agree that any disputes shall be settled through mediation in Virginia, USA with a mediator of dsabible.com’ choice.
    5. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior oral or written agreements between the parties. This Agreement may not be amended unless such amendment is in writing and signed by all parties hereto.