DeerDAT, LLC End User License and Services Terms of Use and Conditions Agreement updated May 30, 2019.
DeerDAT, LLC is an Alabama corporation.
By accessing this website we assume you accept these Terms of Use and Conditions in full. Do not continue to use DeerDAT’s website if you do not accept all of the terms and conditions stated on this page.
By using the website you consent and agree that any dispute, etc. will be governed by the laws of the State of Alabama, and that jurisdiction is in the Circuit Court of Madison County, Alabama.
These Terms of Use and Conditions are a contract between you and DeerDAT, LLC. By using DeerDAT, LLC you represent that you have read and understood, and you agree to, all of these Terms of Use and Conditions.
Your Account
By creating an account, you represent that you have read and understood, and you agree to, all of these Terms of Use and Conditions.
You must be 18 years of age or older to create an account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide a valid email address, along with any other information required by DeerDAT, LLC during the registration process.
You are responsible for maintaining the security of your account and password. DeerDAT, LLC will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
You may not use the DeerDAT, LLC site for any illegal or unauthorized purpose. You must not, in the use of the DeerDAT, LLC site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the DeerDAT, LLC site for uploading, storing, or distributing porn of any kind.
You may not use the DeerDAT, LLC site for uploading, storing, or distributing any information that may harm or damage national security or could be use for any kind of terrorist activity.
Use of Data and Content
DeerDAT, LLC has the right to use data and content in your account for reports and forecasting and may sale to a third (3rd) party. This data includes camera general locations, weather informations, public tag use, etc. DeerDAT, LLC will not specify actual locations of cameras, images, or videos, but use data generated by it/them.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts. Trial accounts are required to provide a credit card number and other required information. DeerDAT, LLC will bill your in advance on a monthly basis in accordance with our pricing schedule and all monthly payments are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
If you sign up for a paid account and you don’t cancel that account, you will be billed monthly starting on the day the service starts. If you cancel prior to the processing of your next month’s invoice, you will not be charged.
An upgrade from paid trial plan price to any selected full paying plan price will end your trial period. You will be billed for your monthly selected plan immediately upon trial end.
An upgrade from a lower plan price to a higher plan pice will cause a charge immediately to your account for the full price on the new higher plan. This will also cause a change in your billing date to the date of the date of the plan change. There will be no refund or partial refund for a downgraded plan.
A downgrade form a higher plan to a lower plan will not result in a credit to your account. The lower plan start and be billed/charged on there regular billing date.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the DeerDAT, LLC site and payments made by you herein.
Ability to Accept Terms of Use and Conditions
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the DeerDAT, LLC website from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and Conditions, and to abide by and comply with these Terms of Use and Conditions. If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Website.
Changes to the Terms of Use and Conditions
We may modify or revise these Terms of Use and Conditions from time to time in our sole discretion and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Use and Conditions, you are expected to periodically review the most up-to-date version found at https://public.deerdat.com/?page_id=2390, so you are aware of any changes, as they are binding on you.
If we change anything in these Terms of Use and Conditions, the change will be reflected in the “last modified date”. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the “last modified” date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the new ones.
All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Website or services subsequent to us making available an amended version of these Terms of Use and Conditions, you thereby acknowledge, agree to and consent to such amendment.
Violation of These Terms of Use and Conditions
DeerDAT, LLC reserves the right to investigate and prosecute violations of any of these Terms of Use and Conditions to the fullest extent of the law. DeerDAT, LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use and Conditions. You acknowledge that DeerDAT, LLC has no obligation to prescreen or monitor your access to or use of the DeerDAT, LLC site or any information, materials or other content provided or made available through the DeerDAT, LLC site, but has the right to do so. You hereby agree that DeerDAT, LLC may, in the exercise of DeerDAT, LLC‘ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use and Conditions or that is otherwise objectionable.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice.
Cancellation/Cancelling Account
You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account shall not result in cancellation. You can cancel your Account at any time from the “Account: Information” page. The account Admin(s) is/are the only user(s) that has access to this page. On the page there is an account cancellation link/button. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information may be recovered from DeerDAT, LLC once your account is cancelled. Please be aware that DeerDAT, LLC may retain all or residual information in our server, backup and/or archival copies of our database and server. We will make reasonable commercial efforts to delete your information deemed needed. Some information may not be deleted, such as camera locations, weather, etc.
Cancellations will take effect immediately. Upon the commencement of a new service period, the DeerDAT, LLC site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.
Your account will not be completely removed upon cancelation. You and any person or administrators you grant access to will still be able to login. You will only be able to view your ACCOUNT INFORMATION.
Un-Cancelling/Re-Activating Account
You or anyone you grant access or administration privileges to my UN-CANCEL your account. A valid credit card information will needed first to re-activate account. When a valid credit card information is supplied, you will/may need to select a new plan.
Termination
DeerDAT, LLC, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Use and Conditions. DeerDAT, LLCmay refuse to provide you any current or future use of the DeerDAT, LLC site, or any other DeerDAT, LLC service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from DeerDAT, LLC once your Account is terminated; however DeerDAT, LLC may for a time retain residual information in our backup and/or archival copies of our database.
Forecast and Reports
DeerDAT, LLC makes no claim that Forecasts and Reports are 100% accurate. Forecast is a prediction based on data You supply by uploading images/videos, data you supply for cameras/cams, data you modify, and data from third (3rd) parties. Reports are generated by data You supply by uploading images/videos, data you supply for cameras/cams, data you modify, and data from third (3rd) parties.
Modifications to DeerDAT, LLC and Pricing
DeerDAT, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DeerDAT, LLC site (or any part thereof) with or without notice.
Prices of all DeerDAT, LLC plans, including but not limited to monthly subscription plan fees to the DeerDAT, LLC site, are subject to change. If the price of your plan does change, your monthly fees will not.
DeerDAT, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the DeerDAT, LLC site.
DeerDAT, LLC reserves the right to update and change the Terms of Use and Conditions from time to time without notice. Any new features that augment or enhance the current DeerDAT, LLC site, including the release of new tools and resources, shall be subject to the Terms of Use and Conditions.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the DeerDAT, LLC site. Your profile remains yours.
DeerDAT, LLC does not prescreen content, but DeerDAT, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the DeerDAT, LLC site.
The look and feel of the DeerDAT, LLC site is (C) Copyright 2019 DeerDAT, LLC all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DeerDAT, LLC.
Viruses
DeerDAT, LLC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
Indemnification
You Agree To Indemnify And Hold DeerDAT, LLC, Its Parents, Subsidiaries, Affiliates, Its DBAs (Doing Business As), Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms of Use and Conditions By You, Anyone You Grant Access To Or Administrative Privileges To, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.
Disclaimer
The DeerDAT, LLC site and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether expressed or implied. DeerDAT, LLC is a distributor and not a publisher of the content supplied by third parties; as such, DeerDAT, LLC exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the site. Without limiting the foregoing, DeerDAT, LLC specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the site or on sites that may appear as links on the site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by DeerDAT, LLC nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.
Jurisdiction
These Terms of Use and Conditions will be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use and Conditions to be unenforceable, the remainder of the Terms of Use and Conditions will continue in full force and effect. Any waiver of any provision of the Terms of Use and Conditions will be effective only if in writing and signed by an authorized representative of DeerDAT, LLC.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DeerDAT, LLC FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST DeerDAT, LLC, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISIONS OF THESE TERMS OF USE AND CONDITIONS, YOUR MISUSE OF THE DeerDAT, LLC SOFTWARE AND SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE DeerDAT, LLC SOFTWARE AND SERVICES OR RELATED SOFTWARE.
YOU UNDERSTAND AND AGREE THAT THE DeerDAT, LLC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DeerDAT, LLC MAKES NO WARRANTY THAT USE OF THE DeerDAT, LLC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DeerDAT, LLC MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DeerDAT, LLC SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE DeerDAT, LLC SERVICES WILL BE CORRECTED OR THAT THE DeerDAT, LLC SOFTWARE OR DeerDAT, LLC SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, DeerDAT, LLC DOES NOT WARRANT THAT THE DeerDAT, LLC SERVICES OR THE DeerDAT, LLC SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DeerDAT, LLC ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, VIRUSES THAT MAY INFECT SOFTWARE OR HARDWARE OWNED OR LICENSED BY YOU. DeerDAT, LLC, ON BEHALF OF THEMSELVES AND THEIR SUPPLIERS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE DeerDAT, LLC SOFTWARE AND SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
IN NO EVENT WILL DeerDAT, LLC OR THEIR PARTNERS, ADVERTISERS, ASSOCIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, MISUSE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE DeerDAT, LLC SOFTWARE, OR USE OF THE DeerDAT, LLC SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF DeerDAT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL DeerDAT, LLC’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE DeerDAT, LLC SERVICES THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO DeerDAT, LLC IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF DeerDAT, LLC AND THEIR SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.