Terms of Use

Terms of Use

These Terms of Use apply to your access and use of dx1app.com, ziidms.com, and any other website or mobile application that directs to these Terms of Use (collectively, the “Services”).  By using our Services, you accept and agree to all of the terms and conditions set forth herein, which form a legally binding agreement between you and DX1, LLC and/or our affiliates (collectively, “DX1”, “us”, “our” or “we”).  Please see our Privacy Policy for terms applicable to our data collection and use practices, the terms of which are incorporated into these Terms of Use by reference.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates these Terms of Use or applicable law, or is otherwise harmful to the interests of DX1, its owners, affiliates, licensors or licensees.

Update and Effective Date

We reserve the right to change these Terms of Use from time to time as we deem appropriate. If we make a change to these Terms of Use that reduces or significantly changes your rights or responsibilities hereunder, we will notify you via email to the email address you have provided to us or via a notice published on our website or mobile app.  If you object to any of the changes we make, your choice is to stop using our Services. Your continued use of the Services after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Services may change, and we may restrict access to, suspend or discontinue the Services, or any portion of the Services, at any time.

Effective Date: February 2, 2021

Ownership; License; Limitations

The Services and all content displayed on the Services and all software, data and information used to provide the Services, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto (collectively, the “Content”), are owned by DX1 or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. The Content includes certain trademarks and service marks owned by DX1 and/or our owners, affiliates or others. We grant you the limited and nonexclusive right and license to access or download a single copy of the Content from the Services solely for your personal and non‑commercial use and as necessary in connection with the use of any services available through the Services. You agree not to copy, use or otherwise infringe upon or dilute any trademarks or service marks included in the Content. You further agree that you will not alter or remove any copyright, trademark or other notices from any Content.

Except as expressly authorized in these Terms of Use, you may not modify, distribute, reproduce, display, or use the Services or any elements thereof. Furthermore, (i) reproduction, copy, re‑transmission or re‑presentation in any form, in whole or in part, of any Content or any programming code, images or graphics included within the Services is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Services, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Services, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of DX1 or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services or the services offered herein.

In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep‑links, data‑mining, data‑gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from the Services. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.

All rights not expressly granted to you by us in these Terms of Use are reserved to DX1, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the Services as authorized hereunder.

Notification of Claims of Infringement

DX1 respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Services under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our affiliate’s Copyright Agent as directed below and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
  • A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct all copyright inquiries, including notification of claims of infringement, to our affiliate’s Copyright Agent at: Dominion Enterprises, Intellectual Property Administrator, P.O. Box 2576, Norfolk, VA 23501 or IPadministrator@dominionenterprises.com or 757-351-7000.

Use at Your Own Risk

We provide the material available through the Services for informational purposes only. You may use the content, information, testimonials, data and materials from or available through the Services solely for your personal and non-commercial use. Before you act on any such content, information, testimonials, data and materials you have found on, or purchase any products or services available through, the Services, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.

Third Party Websites

The Services may provide links or references to third party sites that we do not operate and/or that will allow you to leave the Services or open an additional browser connecting you to the third party site. Any such links to third party sites are provided merely as a convenience to the users of the Services, and such links do not imply endorsement by DX1 of such other third party sites or the content contained therein. DX1 disclaims all liability with regard to your access to such linked websites and your use of and access to any other websites linked to the Services is at your own risk. Further, DX1 has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. For information about such other third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.

Data Security

We have in place what we believe to be commercially reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of the Services, we cannot and do not warrant or guarantee the absolute safety and security of your information.

Violation of These Terms of Use

As described in our Privacy Policy, we 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 Services, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Services, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Without limiting any other provision of these Terms of Use, you acknowledge and agree that we may, in our sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services, including but not limited to our Privacy Policy. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

Disclaimer of Warranties

YOU AGREE THAT THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over the Services, including information, products and services referred to, advertised or promoted on or sold through the Services. Neither DX1 nor our owners, affiliates, licensors or licensees warrant that the Services will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of the Services or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through the Services.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DX1 AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

NEITHER DX1 NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE SERVICES. IN NO EVENT SHALL DX1 OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL DX1 OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that the entire aggregate liability, if any, of DX1 and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, the Services or any information, products or services available through the Services will not exceed one hundred dollars ($100).

Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Release and Indemnity

You hereby release and agree to indemnify, defend and hold harmless DX1 and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to (i) your breach of these Terms of Use or any matter for which you are responsible or liable under the terms of these Terms of Use, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Miscellaneous

Use of the Services by you for spamming is strictly prohibited. By using the Services, you agree not to use information concerning other users of the Services, or any items such users have listed or searched for on the Services (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms of Use. You may not post information directed to or collect personal information from any minor.

These Terms of Use are governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the City of Norfolk, Virginia, U.S.A., for all disputes arising out of or relating to these Terms of Use your use of the Services or the information, products or services available through the Services. Use of the Services or the information, products or services available through the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DX1 as a result of these Terms of Use or your use of the Services or the information, products or services available through the Services.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use the Services and the information, products and services available through the Services for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying the Services or the information, products or services available through the Services will not be permitted.

You agree that any and all causes of action arising out of or relating to the Services or the information, products or services available through the Services shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

Failure by DX1 to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from DX1.

ZiiDMS - A DX1, LLC. Company

A DX1, LLC Company

Open Hours

MonFri: 9 am EST – 5 pm EST
Sat & Sun: Closed

Location

150 Granby St.
Norfolk, VA 23510

Contact

800-721-7748
sales@ziidms.com

ZiiDMS is a Google Premiere Partner

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