Dart Enterprises Ltd. Website Terms of Use

These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Dart Enterprises Ltd. (“DEL”) for the access to and use of this website, dart.ky, which includes text, media, documentation, pictures and other content (collectively, the “Website”). This Website is for informational purposes regarding various Dart Enterprises Ltd. affiliate companies.

In these Terms, reference is made to DEL’s “affiliates,” which shall include companies that are affiliated with DEL by reason that these companies are in the same common ownership as DEL. Affiliates shall also include the parent company of the group of which DEL is a member.

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE AND PLEASE EXIT THE WEBSITE NOW.

1. Information You Provide

In addition to these Terms, your use of the Website is governed by DEL’s Privacy Policy (as amended from time to time), which is posted on the Website. You agree that DEL’s collection, use and sharing of: (a) any personal data as described in the Privacy Policy will be as set forth in the Privacy Policy; and (b) any information other than personal data shall not be restricted by the terms of the Privacy Policy. The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Website are hereby incorporated by reference into these Terms. You agree that DEL has unlimited rights to any information other than personal data that you provide to DEL and that DEL may use such information in any way DEL chooses. Such information will be deemed to be non-confidential. The Terms subsequently address how DEL can deal with information that you provide which is not personal data.

2. Accessing the Website

When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you or (d) accessing the Website for the purpose of competing with DEL or any of its affiliates.

By accessing the Website, you agree:

Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website. Furthermore, DEL reserves the right to deactivate or suspend your use of the Website for any reason. DEL also reserves the right to bring legal action against you for any loss or damage that it or its affiliates may suffer as a result of your violation of the Terms.

3. Intellectual Property Rights

The copyright and other intellectual property in the Website are owned by DEL and are used under licence by DEL and its affiliates. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Website for non-commercial use within your organization only. All other rights are reserved. You may print off pages of the Website strictly for personal use; however if you do so, you agree that you do not acquire any ownership rights in any of that material. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.

By submitting any information or posted data, text, links, video files, photos or any other content (“Content”) to DEL via the Website or by email, you hereby grant DEL a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, and display such information or Content when operating the Website and for DEL and its affiliates’ internal business purposes. You represent and warrant that all information and Content that you provide to DEL: (1) shall be your wholly original material (except for material that you are using with the permission of its owner and which you shall note as being used with such permission), (2) does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity and (3) does not contain any defamatory statements or contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction. You acknowledge that DEL is not responsible for any Content which you provide and that DEL may reject or delete such Content in DEL’s sole discretion. DEL and its affiliates also assume no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of DEL or any of its affiliates for destruction of data.

4. Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by DEL. DEL Entities have no control over, and assume no responsibility for, the Content, privacy policies (if any), or practices of any third-party websites. DEL makes no representation or warranty as to the security of links to other websites, nor does DEL make any representation or warranty as to whether such links or such other websites are free of viruses or other forms of data corruption. In addition, DEL will not and cannot censor or edit the Content of any third-party website. By using the Website, you expressly relieve DEL and the DEL Entities from any and all liability arising from your use of any third-party website. If you choose to use any such third-party websites, you do so at your own risk. Accordingly, DEL encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy (if any) of each other website that you visit.

5. Disclaimers and Limitation of Liability

DEL has established this Website to provide you with convenient access to information relating to various DEL affiliate companies. While DEL has undertaken efforts to provide accurate information, it is not comprehensive, DEL makes no commitment to update the information at any particular time, and the information on the Website may be out of date. Information on the Website may also be changed at any time without notice.

None of the Content of the Website shall be construed as constituting an offer to sell any real estate or other real estate–related product or service and nothing shall be implied as creating any right, preference, option or other benefit with regard to any real estate described or any other product or service mentioned in the Website.

DEL cannot guarantee the security of the Website and makes no representations or warranties as to whether the Website is free of any viruses or other forms of data corruption. You choose to access and/or use the Website at your own risk.

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEL OR ITS AFFILIATES, RELATED COMPANIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS OF ANY OF THE FOREGOING ENTITIES (COLLECTIVELY, THE “DEL ENTITIES”) BE LIABLE TO YOU FOR ANY DEFICIENCY, ERROR, INACCURACY OR INTERRUPTION IN THE WEBSITE OR THE SERVICES PROVIDED THEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY SHALL BE TO REQUEST THAT DEL CORRECT THE MATTER OR, IF DEL FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE.

6. Controlling Law and Venue

These Terms and any action related to the access or use of the Website or services provided through the Website will be governed by the laws of the Cayman Islands without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the Cayman Islands and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

7. Entire Agreement; No Third-Party Beneficiaries

These Terms and DEL’s Privacy Policy are the entire and exclusive agreement between DEL and you regarding access and use of the Website and these Terms supersede and replace any prior agreements between DEL and you regarding use of the Website. These Terms may not be modified orally. These Terms may not be modified or superseded by DEL’s acceptance of any offer or the like from you or any other person.

If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by DEL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. DEL may revise these Terms from time to time; the most current version will always be at dart.ky/terms. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms.

Other than the DEL Entities, no other person or company will be third-party beneficiaries to the Terms.