These Terms of Use (the “Terms”) are a binding agreement between you and Danan Enterprises Inc. (“Danan Enterprises,” “we,” “us” or “our”) about your use of dananenterprises.com (the “Site”). By using the Site or sending us a message through it, you agree to these Terms and to our Privacy Policy, which is part of them. If you do not agree, do not use the Site.
You must be at least 18 years old, or the age of majority where you live, to use the Site. If you use the Site on behalf of a company or other organization, you confirm that you have authority to accept these Terms for it, and “you” includes that organization.
Please read Section 14 carefully. It requires most disputes to be resolved by individual binding arbitration, waives jury trials and class actions, and explains how to opt out.
Danan Enterprises Inc. is a Florida corporation located at 207 Vine Ave., Clearwater, Florida 33755. eCom Triage is a trade name of Danan Enterprises Inc.
The Site describes Danan Enterprises and the companies in our portfolio. Descriptions of those companies, of what they do, and of our relationship with them (for example, whether we own, operate or have invested in a company) are summaries that were accurate when written and may change at any time without notice.
Some companies shown on the Site are separate legal entities, some are brands or trade names operated by Danan Enterprises, and some are companies in which we hold an investment but which we do not control. Each company’s products, services and websites are governed by the terms, policies and agreements that company provides, not by these Terms. Any agreement you make with one of them is between you and that company.
The Site contains links to websites and services run by others, including our companies, YouTube and Amazon. We provide these links for convenience only. We do not control and are not responsible for those websites, their content, their products or their privacy practices, and a link is not an endorsement of anything beyond the relationship the Site describes. You use other websites at your own risk.
Names, logos and trademarks of the companies shown on the Site belong to their respective owners.
The contact form and our email addresses are for business inquiries. Anything you send us through the Site or in response to it, including ideas, business plans, pitches, deal information, proposals and attachments, is a “Submission.”
Nothing is binding until it is signed. No email, message, call, meeting, term sheet, letter of intent or other communication from us is a binding offer, commitment, acceptance or agreement, including any agreement to invest in, buy, sell, partner with or work with you, unless and until it is set out in a definitive written agreement signed by an authorized officer of Danan Enterprises. Either party may end discussions at any time, for any reason, without liability, before such an agreement is signed.
The Site and everything on it, including its text, design, graphics, page code and arrangement, and the Danan Enterprises name and “de” logo, are owned by Danan Enterprises or its licensors and are protected by copyright, trademark and other laws.
We give you a limited, personal, non-exclusive, non-transferable, revocable permission to view the Site for your own information or your organization’s internal business purposes. You may not copy, reproduce, modify, distribute, publicly display, sell or create derivative works from the Site or its content, or use our names or logos, without our prior written permission. All rights not expressly granted are reserved.
If you send us suggestions or feedback about the Site, we may use them without any obligation to you.
You agree not to, and not to help or allow anyone else to:
We may investigate and take any action we consider appropriate against suspected violations, including blocking access and reporting conduct to law enforcement.
If you believe material on the Site infringes your copyright, send us a notice that includes: your physical or electronic signature; a description of the copyrighted work; the address of the material on the Site; your name, postal address, phone number and email; a statement that you believe in good faith that the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner. Send it by email to the address in Section 17 with the subject line “Copyright notice,” or by mail to the postal address there. We will review valid notices and remove infringing material where appropriate.
Our Privacy Policy explains what personal information we collect through the Site and how we use and protect it.
THE SITE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent allowed by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Site will be available, uninterrupted, timely, secure or error-free, that its content is complete, accurate or current, or that the Site or the servers that make it available are free of viruses or other harmful components. You use the Site and rely on its content at your own risk. Some places do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
TO THE FULLEST EXTENT ALLOWED BY LAW, DANAN ENTERPRISES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, YOUR SUBMISSIONS OR THESE TERMS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
These limits apply to every legal theory, including contract, tort (including negligence), strict liability and statute, and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud or for gross negligence or willful misconduct where the law does not allow it to be limited.
You agree to defend, indemnify and hold harmless Danan Enterprises and its officers, directors, shareholders, employees, contractors, agents, affiliates, successors and assigns from any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use or misuse of the Site, your Submissions, your violation of these Terms, or your violation of any law or anyone else’s rights.
We may change, suspend or remove any part of the Site at any time without notice or liability. We may also update these Terms. When we do, we will post the new version here with a new “Last updated” date. Changes take effect when posted and apply to your use of the Site from then on. They do not apply to a dispute that arose before the change, and they will not change the arbitration agreement in Section 14 for a dispute you have already notified us about.
Most concerns can be settled quickly and informally. Before starting any formal proceeding, you and we each agree to send the other a written notice describing the dispute and the relief requested, and to try in good faith to resolve it for at least 60 days. Send your notice to both the email address and the postal address in Section 17.
If the dispute is not resolved within 60 days, any dispute, claim or controversy arising out of or relating to the Site, your Submissions or these Terms, including their formation, scope, validity and enforceability (a “Dispute”), will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”). The AAA’s Consumer Arbitration Rules apply if you are an individual using the Site for personal purposes; otherwise its Commercial Arbitration Rules apply. The arbitration will take place in Pinellas County, Florida, or by video conference or written submissions if the arbitrator allows. Fees will be paid as the applicable AAA rules provide. The Federal Arbitration Act governs this Section, and judgment on the award may be entered in any court with jurisdiction.
Either party may instead bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction or other equitable relief to stop the misuse of its intellectual property or a breach of Section 7.
YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If this class waiver is found unenforceable for a claim, that claim must be decided in court and not in arbitration.
You may opt out of this arbitration agreement by emailing us at the address in Section 17 with the subject line “Arbitration opt-out” within 30 days after you first use the Site, including your name and the email address you used to contact us. Opting out does not affect any other part of these Terms.
These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs the arbitration agreement. Any Dispute that is not subject to arbitration, or that you have opted out of arbitration for, must be brought only in the state or federal courts located in Pinellas County, Florida, and you and we consent to the personal jurisdiction of those courts. To the extent the law allows, any claim must be filed within one year after it arises, or it is permanently barred.
We may suspend or end your access to the Site at any time, without notice, if we believe you have violated these Terms or the law, or to protect the Site, our companies or others. Sections 5, 6 and 10 through 16 continue to apply after your access ends.
Questions about these Terms, and any legal notices, should be sent to:
Danan Enterprises Inc.