Acceptance of Terms

Please read these Terms and Conditions ("T&C") carefully as they govern your access and use of this website ("Site") and the products and services provided herein ("Products" and "Services"). The T&C and specific terms and policies referenced herein are collectively the "Agreement".

As used herein, "Dizzyatom", "we", "us", "our" or "ours" refers to Dizzyatom, LLC. "Customer", "you", "your" or "yours" refers to the customer accessing this Site and purchasing and using the Products together with any company or other business entity you are representing, if any.

We reserve the right to make changes to the Site, the Products or Services and these T&C at any time without prior notice to you. You should therefore review these T&C each time you access this Site to keep apprised of these changes.

General Terms and Decision Making Responsibility

You agree not to use any Dizzyatom Products for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the T&C even if that purpose is otherwise allowed under the T&C of this agreement.

Dizzyatom is not a CPA firm and does not provide tax advice (as defined below). Your use of the Site or any Dizzyatom Products does not create a tax advisor-client relationship between you and Dizzyatom.

You agree that Dizzyatom does not provide tax advice. You agree that all decisions you make on tax matters are your full responsibility and you agree to retain tax advisors licensed to practice in your state regarding any legal issue of enough importance to reasonably require it.

You agree to accept full responsibility for determining the value of and for any use you make of Dizzyatom Products, and for obtaining any needed assistance from a properly licensed tax preparer or certified public accountant (CPA) to assess the value of and appropriate uses for any Dizzyatom Product.

For the purposes of these T&C, tax advice is defined to include the following:

  1. advice on which tax forms you need to file;
  2. determining the legal consequences that will or could result from how and when you have prepared your tax return;
  3. whether you have omitted any necessary provisions or details from your tax return and;
  4. whether you require any additional tax advice or filing.

Your Account, Password and Security

In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information ("Your Account"). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order Products or Services.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Dizzyatom will not be liable for any loss or damage arising from your failure to comply with this section.

Third Party Information and Links to Other Websites

The Site and/or the Products or Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites ("Third Party Information"). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. Dizzyatom is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.

Payments and Refunds

You agree to pay any and all payments due for Products or Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted. Unless otherwise stated, you may pay for Products and Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid.

If we are unable to charge your credit card or bank account for the full amount owed for the Products or Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that Dizzyatom may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.

Dizzyatom expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you.

Limited Warranties

Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Dizzyatom Products and Dizzyatom Services are provided "as is" without any kind of warranty.

You accept full responsibility for determining whether Dizzyatom Products and Dizzyatom Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Dizzyatom Products and Dizzyatom Services, or for inaccessibility of Know Your Miles Products and Know Your Miles Services whether from errors or omissions in the content of Dizzyatom Products and Dizzyatom Services or any other linked sites or for any other reason. Use of Dizzyatom Products and Dizzyatom Services is at your own risk.

Dizzyatom does not represent or warrant that Dizzyatom Products, the Site or any linked sites are free of any harmful materials.

Maximum Liability

Except as expressly provided in these Terms, the maximum liability is the amount paid to Dizzyatom by the customer. The maximum liability of Dizzyatom for any Dizzyatom Products and Services is the portion of the amount paid to Dizzyatom by the customer specifically for the Dizzyatom Products and Services as calculated by Dizzyatom.

Dizzyatom’ liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product or Service which were non-performing.

Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

Indemnification

You shall indemnify, defend and hold Dizzyatom, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any Product or Service ordered via the Site including but not limited to your violation of the Agreements terms of use or policies found on the Site or infringement of any third party proprietary rights by you.

Jurisdiction and Governing Law

Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Massachusetts without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Products or Services offered via the Site will be brought in the state or federal courts located in Massachusetts. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.