Please take the time to read and understand our Terms and Conditions of Service, you must agree to these terms before any service is provided.

Acceptance of Terms of Service

Durangodaves (referred to here as 'our' or 'us' or 'dd') Service Ticket Pro (referred to here as 'service' and or 'service ticket pro') and ( Durangodaves Service Ticket Pro will be referred to as 'ddstp') provides its ddstp service as defined within this Terms and Conditions of Service (referred to here as 'TOS'). The ddstp service is provided to you by durangodaves.com (referred to as 'durangodaves') through several internet sources, the first being our internet sales and marketing website located at http://www.serviceticketpro.durangodaves.com, and also in conjunction with http://www.durangodaves.com/helpdesk which is the user page for your customers and http://serviceticketpro.durangodaves.com/helpdesk/scp/login.php which is the admin control panel for you, and all are (here by referred to as 'site' or 'sites'). This service is provided to an individual or company intity (here by referred to as 'you' or 'your' or 'their') and you speak for such entity and its affiliates.

By accepting this TOS or by accessing or using the service or site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS. If you do not have such authority, or if you do not agree with these TOS, you must not accept these TOS and may not use the Service.

Durangodaves may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.serviceticketpro.durangodaves.com/TOS.html. The revised terms and conditions will become effective immediately upon posting the new or revised version live on the internet and if you use the service after that date and or time, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the service.

'Service' Description

The 'service' includes (1) the sites, (2) the ddstp system, tools and services provided through the site and by the ddstp made available via the site, and all images, software, text, data, sounds, video, and content made available through the site or services, (hereby collectively referred to as the 'content'). Any new features added to or augmenting the service are also subject to this TOS. It is here by also notated that 'service' is not provided without payment, this does not include simple testing of our service prelude to purchase. The testing instructions are notated on the home page of this website. Any and all data created, used, transmitted or otherwize associated with the process of the service relating to your logins, your company settings, your user setting, your staff settings only with respect in associatiation with your companys information on our systems and any related information as associated with you or your entity is here by referred to as 'account'. Your paid service is for our time and effort and process of providing this service to you, you are not in any way shape or form paying for ownership of software of any kind in any way, the software is not available for sale, you may obtain similar software online for free but may or may not contain similar features as we do, should you choose do to so, this is strictly a service, and your payment is not a sign of ownership by you of anything.

General Conditions Access and Use of the 'Service'

1. Subject to the terms and conditions of this TOS, you may access and use the service only for your internal business purposes as contemplated by the Agreement.

1.a You shall not use the service in any unlawful manner as covered by this TOS and local, state and federal established rules and regulations, or in any manner that interferes with or disrupts the integrity or performance of the service and its components or any violation herein unintentional or not.

1.b Your performance and professionalism reflects on us also, and you are expected to act accordingly, this includes but not limited to misleading and or lying to your customer for any reason, for example; to the event that it is our fault that you are late in responding to their ticket as you never received their ticket request on a timely basis when in fact it was your slow reaction to their need, such conduct is unprofessional and is a violation of the TOS. Be assured if there is a time (be it very rare or if at all) that our system does in fact delay their ticket or your reply to them, that we will admit to it freely both with you and your customer, as our professionalizm reflects on you as well. Lying or misleading your customer in regards to our service is a violation of the TOS.

1.c You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the service available to any third party, other than as expressly permitted by this TOS.

1.d You shall not use the service to process data on behalf of any third party.

2. With limited right to access and use of the service expressly granted to you under this TOS, all rights, title and interest in and to the service and its components will remain with and belong exclusively to Durangodaves. You shall not modify, adapt or hack the service or falsely imply any sponsorship or association with Durangodaves, or otherwise attempt to gain unauthorized access to the service or its related systems or networks.

2.a You are responsible for all information, text, data, messages or other materials that you post or otherwise transmit via the service and you assume full resposibility for any and all activity processed under your account structure. You are responsible for maintaining the confidentiality of your login(s) and account and are fully responsible for any and all activities that occur under your login or account as a whole including each and every staff member. Staff members assigned to your account will also need to agree to this TOS before service will be provided to them. Your request to us to add a staff member or the addtion of staff members as a manager is hereby considered full acknowledgement, understanding, and acceptance of this TOS on the part of the staff member as well as yourself. You agree and acknowledge that your login may only be used by one (1) person � a single login shared by multiple people is not permitted. Our office will create any and all manager staff accounts you may need, you may then create any staff accounts that you may need for your department through that management account. Separate logins are available for staff members, any and all login information will be kept completely confidential and only be released to your management or a staff member through proper pre authorized channels and or procedures.

2.b For convienence purposes there is a "forgot password' option, again it is your resposiblity to maintain the proper login for your company staff. Should you require changes in accounts or access of accounts outside of your access rights, you may contact us through proper channels. All passwords are encrypted and we do not know the password, however we can reset it for you through proper procedure that is set up at the time the account is activated by us, however, using the "forgot password" feature is recommended. You are required to provide us those instructions. You are not authorized to create any admin or manager accounts for anyone at any time. We will set up your company and manager account for your admin and then you can set up any staff members from that point. Durangodaves management reserves the right to access any or all your accounts in order to respond to your requests for technical support or in an investigation of possible TOS violation.

2.c You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve transmissions over various networks, changes to conform and adapt to technical requirements of connecting networks or devices and transmission to durangodaves third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the service.

2.d The failure of durangodaves to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and durangodaves, even though it is electronic and is not physically signed by you and durangodaves, and it governs your use of the service and takes the place of any prior agreements between you and us.

Trademarks TM

Durangodaves TM has numberious divisions and various logos and other trademark material used or displayed throughout our company as a whole including this service and are trademarks of durangodaves and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of this and or associated durangodaves products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

Payment and Refunds

The Service is made available on a "as is" and "pay-as-you-go" basis. For your security all payments are processed through paypal as a subscription service. We have no desire or need to know, to possess, or to maintain your private payment information such as credit card number. The monthly renewal shall be automatic through paypal unless you unsubscribe from the subscription by logging into your paypal account and accessing the subscription and canceling it. If payment thru paypal is not received on the due date either by subscription cancellation or by any form of payment denial, your account will be suspended immediately and can only be reactivated by contacting us. Once payment is received within a reasonable time frame, you will be reactivated. Should you decide to cancel your service for any reason and or you abandon the account and or if your account is deactivated for any reason then your information will be kept on file for min of 30 days, after that 30 day period we reserve the right to purge your information from our database at our descretion. If you would like a download copy of your information (typically in a csv or text file) you may have a copy for a fee to be discussed at that time. For those that need it you also have the option of being billed for the service on a quarterly or yearly basis, in which case the discount (if any) difference in the upgrade price will be prorated on your first bill, you must contact us for this option as it is provided on an individual basis.

No Refunds

Regardless of your billing cycle, there are 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 unless an obvious extreme case is evident such as you were erroniously double charged for same billing, other extreme cases will be decided at our discression, we assure you that we are not out to take advantage of anyone at anytime but will uphold our policy to the utmost that the law requires while at the same time being as fair as possible to everyone. Those extreme cases will take up to 30 business days to process a refund if applicable. Overall policy will stand for most situations as no refunds.

For any upgrade or downgrade (if any) in plan level (if any) , your paypal will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. Durangodaves does not accept any liability for such loss. Prices of all services, including but not limited to monthly fees to these service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly ticket ratio per agent, such special offers are on an individual bases and are at our discression entirely.

Please visit our privacy page at http://serviceticketpro.durangodaves.com/id126.html for privacy information.

Cancellation and Termination

You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure and account set by us) can cancel the account at any time by clicking on the unsubscribe button on the home page of our website at http://www.serviceticketpro.durangodaves.com, either way, even if you choose to log into your paypal and cancel the subscription, you must notify us immediately of your cancellation intent in writing. You do not have access to cancelling your account through the software and there are no other means of canceling your account. All of your content will be maintained on our system for a min of 30 days at with time at our discretion it may be immediately deleted from the database in its entirety. This information cannot be recovered once your account is deleted. If you choose to simply remove or lock a staff member account you my do so by contacting us directly and follow set prodedures. You do have the option of receiving a copy of your database (on csv or text file) for a fee to be disclosed at that time. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately unless other arrangements have been made for you to finish out your contract with us, and you will not be charged again.

Durangodaves reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) and or refuse any and all current and future use of the service, suspend or terminate your account (any part thereof) or use of the service and remove and discard any of your content in the service, for any reason at its discretion, including but not limited to, if durangodaves believes that you have violated these TOS in any way.

Durangodaves will use best efforts to publish on the site or notify you about any planned downtime of the service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account under normal circumstances, however, if a severe violation of TOS has occured such as, but not limited to, a threat to national security or other severe violation and any and all suspected fraudulent, abusive, or illegal activity is grounds for immediate termination of your use of service without notice. Such situations are entirely at our discression and your account will be terminated and locked immediately and your information removed and or fowarded to the proper local, state, and federal authorities without notice. Again, any violation at our discretion may be referred to appropriate law enforcement authorities. Durangodaves shall not be liable to you or any third party for any modification, suspension or discontinuation of the service for any reason whatsoever.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND DURANGODAVES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT DURANGODAVES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM DURANGODAVES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL DURANGODAVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, DURANGODAVES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES WHATSOEVER IN ANY WAY SHAPE OR FORM AND WE SHALL BE HELD 100% HARMLESS EFFECTIVE ONE SECOND AFTER YOUR ACCOUNT TERMINATES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, DURANGODAVES LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Assignment

Durangodaves may assign or transfer this TOS, in whole or in part, without restriction.

Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the service or any of its components. Governing Law. These TOS shall be governed by the laws of the State of New Mexico without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New Mexico for the purpose of resolving any dispute relating to your access to or use of the service.

Governing Law

These TOS shall be governed by the laws of the State of New Mexico without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New Mexico for the purpose of resolving any dispute relating to your access to or use of the Service.