Terms of Service

Last Updated: August 1, 2024

Welcome to DESTINATION TECHNOLOGY CONSULTING LLC ("we," "our," "us," or the "Company"). We may also operate under other brand names, such as NIMSHIP. By using our internet services, you're agreeing to these terms. Please read them carefully.

Definitions

In these Terms of Service:

  • "Service" refers to any internet-based services, websites, or applications provided by DESTINATION TECHNOLOGY CONSULTING LLC.
  • "User" means any individual or entity that accesses or uses our Service.
  • "Content" means any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials.

1. Acceptance of Terms

By accessing or using our internet services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you don't agree with these terms, please do not use our services. Please also review our Privacy Policy, which is incorporated by reference into these Terms of Service.

Age Restriction

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

2. Changes to Terms

We may modify these terms at any time. We'll post the most current version on our website and update the "Last Updated" date at the top of this page. If a modification meaningfully reduces your rights, we'll notify you by sending an email to the address associated with your account or displaying a prominent notice within our services. By continuing to use or access our services after any modifications, you agree to be bound by the modified terms.

3. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share your information.

4. Your Account

You may need to create an account to use some of our internet services. You're responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account.

5. User Content and Data

You retain ownership of any intellectual property rights that you hold in content you submit to our services. When you upload content to our services, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for the purposes of providing and improving our services.

Intellectual Property

All content, features, and functionality of our Service, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of DESTINATION TECHNOLOGY CONSULTING LLC, its licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations
  • Infringing upon the intellectual property rights of others
  • Transmitting any material that is defamatory, obscene, or otherwise objectionable
  • Interfering with or disrupting our services
  • Attempting to gain unauthorized access to our services

7. Termination

We may suspend or terminate your access to our services at any time, without prior notice or liability, for any reason, including if you breach these Terms.

8. Disclaimers and Third-Party Services

Our services are provided "as is" without any warranties, express or implied. We do not guarantee that our services will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections.

We may integrate third-party services or content into our platform. We are not responsible for any changes, issues, or problems caused by these third-party services, including but not limited to:

  • Service interruptions or failures
  • Changes in functionality or features
  • Data loss or security breaches
  • Any impact on our ability to provide our services

You acknowledge and agree that we shall not be liable for any damages or issues arising from the use of third-party services integrated into our platform.

Our Service may contain links to third-party websites or services that are not owned or controlled by DESTINATION TECHNOLOGY CONSULTING LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Service Availability

While we strive to provide uninterrupted Service, you acknowledge that the Service may be interrupted for maintenance, updates, or system failures. We do not guarantee that the Service will be available at all times. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

9. Limitation of Liability

To the fullest extent permitted by law, we 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 services; b) Any conduct or content of any third party on the services; c) Any content obtained from the services; and d) Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims relating to the services exceed the amount paid by you, if any, for accessing or using our services over the past 12 months.

10. Indemnification

You agree to indemnify, defend, and hold harmless DESTINATION TECHNOLOGY CONSULTING LLC and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services or your violation of these terms.

11. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California.

Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiations. If such negotiations fail, both parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California, and the language of arbitration shall be English.

12. Entire Agreement

These Terms constitute the entire agreement between you and DESTINATION TECHNOLOGY CONSULTING LLC regarding our services and supersede any prior agreements.

13. California Consumer Rights

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and other state laws. Please refer to our California Privacy Rights Policy for more information on your rights and how to exercise them.

14. Compliance with State Laws

These Terms are designed to comply with the laws of various U.S. states. If you reside in a state with specific consumer protection laws, additional rights or terms may apply to you. Please contact us for more information about your state-specific rights.

Payment Terms

For paid services:

  • Fees are non-refundable except as required by law or as explicitly stated in these Terms.
  • You agree to pay all fees and charges associated with your account on a timely basis and with a valid payment method.
  • We reserve the right to change our fees upon reasonable notice.
  • Failure to pay may result in the termination of your account.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, natural disasters, acts of terrorism, or government interventions.

Data Processing

We process your personal data in accordance with our Privacy Policy and applicable data protection laws. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate. You have the right to access, correct, or delete your personal data, and to object to or restrict certain types of processing. For more details, please review our Privacy Policy.

15. Contact Us

If you have any questions about these Terms, please contact us at:

DESTINATION TECHNOLOGY CONSULTING LLC 1234 Tech Avenue, Suite 567, Los Angeles, CA 90001 Email: legal@nimship.com

Thank you for using our services!