DICE Website Terms of Service
The DICE Approach™ training website (also referred to herein as "DICE" or "the website") is a subscription-based website that includes articles and interactive video training content to learn more about DICE and how to apply it.
To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the website or use the services provided on the website. These terms govern the use of the website.
To the extent you are accessing or using the DICE website on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of the DICE website is governed by the DICE website terms.
1. The DICE Approach™ Terms
PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Contracts are Binding and Legally Enforceable
As stated above, these DICE Terms constitute an agreement between DICE team and you and governs your use of the website. These DICE Terms do NOT govern the use of our Talent, Enterprise and other DICE team products and services that are not part of the DICE website. In the event of any conflict between the terms and conditions of these DICE Terms and any such service or licensing agreements, the terms and conditions of the DICE Terms shall prevail.
3. Access to the Public Network
The DICE team will use reasonable efforts to make the DICE available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
4. User Obligations
- To access some of the DICE features you will need to register for an account as an individual and consent to these DICE Terms. If you do not consent to these DICE Terms, the DICE team reserves the right to refuse, suspend or terminate your access to the website.
- You are solely responsible for ensuring that your account registration is complete and remains up to date.
- Some features of DICE website require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event DICE team charges for additional features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of DICE team.
5. Content Permissions, Restrictions, and Creative Commons Licensing
DICE team Content
All materials displayed or performed on the DICE website, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "DICE Content") are the property of DICE team and/or third parties and are protected by United States and international copyright laws ("DICE team Content").
The DICE Approach™ is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these DICE Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the DICE Content, software, materials, or Services in whole or in part.
6. Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, DICE TEAM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. DICE PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE DICE TERMS ON AN "AS IS" BASIS.
You will indemnify and hold DICE team, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the website, use of DICE team products or services made available on the website , your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DICE TEAM AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF DICE TEAM OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT DICE TEAM’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. General Provisions
a. Assignment and Jurisdiction
DICE team reserves the right to assign our rights and obligations under these DICE Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
DICE team reserves the right, in its sole discretion, to modify or replace these DICE Terms, as our business evolves over time and to better provide Services and Products to the DICE team community, or to change, suspend, or discontinue the DICE and/or any Services or Products at any time by posting a notice on the DICE or by sending you notice via e-mail or by another appropriate means of electronic communication.
c. No Waiver
Our failure to enforce any part of these DICE Terms shall not constitute a waiver of our right to later enforce that or any other part of these DICE Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these DICE Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these DICE Terms are for convenience only and shall not affect their interpretation.