Dover Fueling Solutions 9/3/2024

DFS LMS Terms of Use Page | 5 January 29, 2021 assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.. 12.LINKS AND EXTERNAL MATERIALS The LMS Platform or users of the LMS Platform may provide links or other connections to other websites or resources. You acknowledge and agree that DFS does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that DFS shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials. 13.MODIFICATIONS TO THE LMS PLATFORM DFS reserves the right to modify, suspend or discontinue the LMS Platform or any product or service to which it connects, with or without notice, and DFS shall not be liable to you or to any third party for any such modification, suspension or discontinuance. DFS may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the LMS Platform or related services (“Updates”). DFS may develop Updates that require installation by you before you continue to access or use the LMS Platform or related services. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device and its operating system. 14.INDEMNIFICATION You shall indemnify, defend and hold DFS harmless from and against all claims, demands, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, resulting from or arising out of: (i) Your Content; (ii) your violation of this TOU, any law or regulation, or any rights (including intellectual property rights) of another party; or (iii) your access to or use of the LMS Platform. 15.DISCLAIMER OF WARRANTIES (a)YOUR USE OF THE LMS PLATFORM IS AT YOUR SOLE RISK. THE LMS PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (b)DFS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE LMS PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE LMS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; OR (iii) THE INFORMATION, CALCULATIONS AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE LMS PLATFORM WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. ALL CONTENT MADE AVAILABLE THROUGH THE LMS PLATFORM IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL CONTENT OBTAINED FROM THE LMS PLATFORM BEFORE TAKING ANY ACTION BASED UPON SUCH CONTENT. (c)THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE). 16.LIMITATION OF LIABILITY (a)DFS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES