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Legal

About Us

Welcome to this Website, which is owned and operated by Dakota Performance Solutions (throughout these Terms of Use “Dakota Performance Solutions” refers collectively to Dakota Performance Solutions, DPS and its subsidiaries, affiliates and related companies) (the “Site”). Dakota Performance Solutions maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Dakota Performance Solutions reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of Content on the Site
You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dakota Performance Solutions without the express written consent of Dakota Performance Solutions. You may not use any meta tags or any other “hidden text” utilizing Dakota Performance Solution’s name or trademarks without the express written consent of Dakota Performance Solutions. You may not use any Dakota Performance Solutions logo or other proprietary graphic or trademark as part of the link without express written permission.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Dakota Performance Solutions.

Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant Dakota Performance Solutions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Products and Services Offered By Dakota Performance Solutions on the Site
Dakota Performance Solutions offers products and services on the Site. When you enroll to obtain a product or service from Dakota Performance Solutions on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Dakota Performance Solutions does not warrant that any product descriptions or content contained in this Website is accurate, current, reliable, complete, or error-free.

Copyright Information
The Site and the content within the Site are the property of Dakota Performance Solutions or its suppliers and are protected by copyright laws and international treaty provisions. Dakota Performance Solutions reserves all rights in the Site and its content not specifically granted in any agreements with Dakota Performance Solutions or in the Terms of Use.

Copyright Complaints
Dakota Performance Solutions respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@DakotaPerformance.com with the particulars of your claim.

Trademark Information
DAKOTA PERFORMANCE SOLUTIONS and other marks indicated on our site are registered trademarks of Dakota Performance Solutions in the United States. Other Dakota Performance Solutions marks, graphics, logos, page headers, button icons, scripts noted on the Site are Dakota Performance Solution’s service marks, trademarks and trade dress and are the sole and exclusive property of Dakota Performance Solutions. Dakota Performance Solution’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Dakota Performance Solutions and in connection with any service or product that is not sponsored, endorsed or produced by Dakota Performance Solutions. All other trademarks not owned by Dakota Performance Solutions or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dakota Performance Solutions or its subsidiaries.

Privacy Statements
Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices.

Third Party Web Sites and Information
The Site may provide hyperlinks to third party Websites or access to third party content. Dakota Performance Solutions does not control, endorse, or guarantee content found in such sites. You agree that Dakota Performance Solutions is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Dakota Performance Solutions shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer
YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY DAKOTA PERFORMANCE SOLUTIONS ON THE SITE FOR YOUR INTENDED APPLICATION AND USE.

Indemnity
You agree to defend, indemnify, and hold harmless Dakota Performance Solutions, employees, attorneys, and agents (“Indemnities”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.

Applicable Laws
All matters relating to your access to and use of the Site shall be governed by the laws of South Dakota, United States and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in these courts without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Website you are viewing is hosted.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.”

Message frequency varies per user. Message and data rates may apply. Text HELP for help. Text STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages. 

Contact Information
If you have any questions regarding these Terms of Use, please contact Dakota Performance Solutions at info@dakotaperformance.com