Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.  THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  IT AFFECTS YOUR LEGAL RIGHTS.

Introduction and Overview

Welcome!  You have arrived at www.ddec.com and/or are otherwise interacting with our Service (defined below), which is owned and operated by DDEC, LLC. (collectively, “DDEC,” “we,” “our,” or “us”).  These Terms of Service (“Terms”) govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”) (including both mobile and online versions).  It also applies to your use of any content, downloads and/or other services that (i) we own and control and make available through the Site, and/or (ii) that post or link to these Terms (collectively, with the Site, the “Service”), regardless of how you access or use it.  By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.  By using the Service, you further agree that DDEC may change, alter, or modify the settings or configurations on your Device (defined below) to allow for or optimize your use of the Service.  Consequently, by interacting with and/or using the Service, you signify your assent and agreement to these Terms.  If you do not agree to these Terms, you must not use the Service.

If You Want to Use This Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.

Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to Section 13).  Therefore, do not use the Service if you do not agree.

  1. Service Content, Ownership, Limited License, and Rights of Others
  1. User–Generated Content.

If the Service to which you submit User-Generated Content permits others to access and use that content as part of the Service, then you also grant all other users of the relevant Service the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your User-Generated Content on or through the Service without further notice, attribution, or compensation to you.

  1. Service and Content Use Restrictions
  1. Accounts. To access or use some (or potentially all) of the features on the Service, you may need to first register through our online registration process, located in the footer of our website at www.ddec.com.  The Service’s practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Policy.  If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; (ii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (v) You will not sell, transfer, or assign your account or any account rights.
  1. Procedure For Alleging Copyright Infringement. DDEC asks our users to respect the intellectual property rights of others.  It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below.  In DDEC’s sole discretion, DDEC may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer.  In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, DDEC has adopted a policy of terminating, in appropriate circumstances and at DDEC’s sole discretion, users who are deemed to be repeat infringers.  If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears); (iv) your full name, address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature.

DDEC will only respond to DMCA Notices that it receives by mail, or e-mail at the addresses below:

By Mail:           DDEC, Attn: Legal Department, 250 Royal CT, Delray Beach, FL 33444

By E-Mail:       [email protected]

It is often difficult to determine if your copyright has been infringed.  DDEC may elect to not respond to DMCA Notices that do not substantially comply with all the foregoing requirements, and DDEC may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

  1. Notices, Questions and Customer Service. You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you.  You agree to promptly notify us if you change your e-mail or mailing address. All legal notices to us must be sent to DDEC, Attn: Legal Department, 250 Royal CT, Delray Beach, FL 33444.
  1. Service Specifications; Pricing; Typographical Errors. We do our best to describe every service offered on this Service as accurately as possible.  However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.
  1. Third–Party Content and Sites. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by DDEC, and the Service may also include links to third-party ads, tools and/or other content on the Service or otherwise, to or from third-party sites (collectively, “Third–Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with DDEC.  DDEC may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and DDEC does not assume any obligation to review any Third-Party Sites.  DDEC does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items.  Furthermore, DDEC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites.  Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms, and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites.  DDEC DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
  1. Dispute Resolution. Certain portions of this Section 9 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and DDEC agree that we intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 9 can only be amended by mutual agreement.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes.  The arbitration will be administered by the AAA.  If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.  You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require DDEC to pay a greater portion or all such fees and costs for this Section 9 to be enforceable, then DDEC will have the right to elect to pay the fees and costs and proceed to arbitration.  The arbitrator will apply and be bound by these Terms and any Additional Terms and will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.  Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide.  This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA procedures, rules, and fee information as follows:  800.778.7879 and http://www.adr.org.

  1. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  Therefore, to the fullest extent permissible by law, DDEC and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “DDEC Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to DDEC or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A DDEC PARTY, DDEC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

  1. LIMITATIONS OF OUR LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY DDEC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, that are directly or indirectly related to: (a) the Service (including the Content and the User-Generated Content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by DDEC Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if DDEC Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DDEC PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID DDEC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY DDEC OR A MANUFACTURER OF A PHYSICAL PRODUCT.

  1. Waiver of Injunctive or Other Equitable Relief. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY DDEC (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF DDEC.
  1. Updates to Terms. These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use).  AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.  ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission).  The applicable Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the home page, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice.  You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
  1. General Provisions

©2021 DDEC. All Rights Reserved.

DDEC is a traffic and transportation engineering, planning, and design firm that helps local governments achieve their transportation goals through the creation of connected, safe, and equitable communities. Established by Uyen Dang, PE, DDEC officers are in Delray Beach, Tamarac, North Miami, and St. Augustine, Florida.

HEADQUARTERS

DDEC, LLC
2801 NW 55 Court
Suite 7W Office A
Tamarac, FL 33309

CONTACT

+1 (813) 380.6574

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