1. Acceptance of These Terms
These Terms of Service ("Terms") are a binding agreement between you and Direct Access Group LLC, a limited liability company organized under the laws of the State of Florida, with its principal place of business at 3650 NW 115th Avenue, Doral, FL 33178, United States ("Direct Access Group," "DAG," "we," "us" or "our"). They govern your access to and use of this website, including any page, form, content, feature or communication made available through it (together, the "Website").
By accessing or using the Website, or by submitting an inquiry through it, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Website.
If you use the Website on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to accept these Terms on its behalf, and "you" refers to both you and that entity.
2. Changes to These Terms
We may revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page and, where a change is material, we will take reasonable steps to bring it to your attention, such as a notice on the Website. Revised Terms take effect when posted, except that changes to Section 20 (Dispute Resolution) will not apply to any dispute of which we had actual notice before the change. Your continued use of the Website after revised Terms are posted constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Website.
3. Eligibility and Business Use
The Website is intended for business-to-business use by adults. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Website. The Website is not directed to children, and we do not knowingly collect information from anyone under 16.
You may use the Website only for lawful business purposes, such as learning about Direct Access Group and its activities and contacting us about a genuine commercial requirement or opportunity. You may not use the Website if you are prohibited from doing so under the laws of the United States or any other applicable jurisdiction, including the sanctions and export control laws described in Section 8.
4. Purpose of the Website; No Offer or Binding Commitment
The Website provides general information about Direct Access Group and the activities of the group, including telecommunications equipment, technology distribution, wholesale distribution, international commerce, retail and strategic investments. The information is provided for general informational purposes only.
Nothing on the Website constitutes an offer to sell, a solicitation of an offer to buy, a quotation, a price list, an acceptance of any order or a commitment to supply any product or service. Descriptions of products, product categories, services, capabilities, markets and partners are illustrative and may change without notice. Availability of any product or service depends on factors including supplier allocation, regulatory approvals, export licensing, credit approval and our due diligence.
Any supply, purchase, distribution, sourcing, partnership, investment or other commercial relationship with Direct Access Group will be governed exclusively by a separate written agreement, purchase order, quotation or other document signed or expressly accepted in writing by an authorized representative of Direct Access Group (a "Commercial Agreement"). If a Commercial Agreement conflicts with these Terms, the Commercial Agreement controls for the matters it covers. No employee, agent or representative of Direct Access Group has authority to vary these Terms or to bind Direct Access Group through the Website, through email exchanged as a result of a Website inquiry, or orally.
5. Inquiries and Electronic Communications
5.1 Information you submit. When you submit an inquiry, you agree to provide information that is true, accurate, current and complete, and that you have the right to share. You must not submit information that belongs to another person without their authorization.
5.2 Do not send confidential or sensitive information. The inquiry form is for an initial business introduction. Do not submit trade secrets, confidential business information, technical drawings, pricing of third parties, government identification numbers, financial account or payment card details, passwords, health information or other sensitive information through the Website. Submitting an inquiry does not create a confidential, fiduciary, agency, partnership or any other special relationship between you and Direct Access Group. Any exchange of confidential information will require a separate non-disclosure agreement signed by both parties.
5.3 No obligation to respond. We review inquiries in good faith, but we are not obligated to respond to, act on or enter into any relationship as a result of any inquiry, and we may decline any inquiry for any lawful reason, including the results of our compliance screening.
5.4 Consent to electronic communications. By using the Website or submitting an inquiry, you consent to receive communications from us electronically, including by email, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Florida Uniform Electronic Transaction Act (Fla. Stat. § 668.50).
5.5 Telephone numbers. If you provide a telephone number, we will use it only to respond to your inquiry and to carry on the business discussion that follows from it. We do not make marketing calls or send marketing text messages using automated systems or prerecorded voices, and providing a telephone number does not constitute consent to receive telephone solicitations under the Telephone Consumer Protection Act (47 U.S.C. § 227) or the Florida Telephone Solicitation Act (Fla. Stat. § 501.059). If we ever wish to send you marketing messages, we will first ask for your separate, express written consent, which will never be a condition of doing business with us.
6. No Investment, Financial, Legal or Professional Advice; No Securities Offering
The Website refers to the group's strategic investment activities, including business ownership, acquisitions and subsidiary development. That information describes our own business activities only.
Nothing on the Website is, or should be construed as, an offer to sell or a solicitation of an offer to buy any security, membership interest, partnership interest, loan, note or other investment, in any jurisdiction. Direct Access Group does not accept investment funds, deposits, subscriptions or loan applications through the Website. No securities regulator, including the U.S. Securities and Exchange Commission and the Florida Office of Financial Regulation, has reviewed or approved any content on the Website. Any offering of securities by Direct Access Group or any affiliate, if ever made, would be made only through definitive offering documents provided to qualified persons in compliance with the Securities Act of 1933, the Florida Securities and Investor Protection Act (Chapter 517, Florida Statutes) and all other applicable laws.
Content on the Website is not investment, financial, tax, accounting, legal, engineering, regulatory or other professional advice. You should consult your own qualified advisers before making any decision.
7. Product Information and Third-Party Brands
The Website may refer to categories of products, such as telecommunications equipment, electronics, computers, mobile devices and IT products, and may display or mention names, trademarks or logos of manufacturers or other third parties. Those names, trademarks and logos belong to their respective owners. Their appearance on the Website does not imply that we are an authorized distributor, reseller or partner of, or are sponsored or endorsed by, any such owner, unless we expressly say so.
Product specifications, features and descriptions originate from manufacturers or suppliers and may change without notice. Any warranty for a product is provided only by its manufacturer or under the terms of a Commercial Agreement. Direct Access Group makes no warranty regarding any product through the Website.
You are responsible for confirming that any product is suitable and lawful for your intended use and location, including compliance with Federal Communications Commission ("FCC") equipment authorization rules, any restrictions on equipment and services included on the FCC Covered List under the Secure and Trusted Communications Networks Act of 2019, and the technical, safety, labeling and import requirements of the destination country.
8. Export Controls, Sanctions and Trade Compliance
Products and technology in which Direct Access Group deals, particularly telecommunications and information technology equipment, may be subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations (15 C.F.R. Parts 730–774) administered by the U.S. Department of Commerce, Bureau of Industry and Security, and the sanctions regulations administered by the U.S. Department of the Treasury, Office of Foreign Assets Control ("OFAC"), as well as the laws of other countries (together, "Trade Control Laws").
You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions; (b) you are not, and are not owned 50 percent or more or controlled by, any person identified on the OFAC Specially Designated Nationals and Blocked Persons List, the Bureau of Industry and Security Entity List, Denied Persons List or Unverified List, or any similar list maintained by the United States, the United Nations, the European Union or the United Kingdom; and (c) you will not use the Website, or any inquiry made through it, to seek products, technology or services for any end use, end user or destination prohibited by Trade Control Laws, including military end uses or end users, or the development of weapons of mass destruction.
We screen inquiries and counterparties as required by Trade Control Laws and our internal policies, and we may request end-use, end-user, ownership and destination information before engaging with you. We reserve the right to decline or terminate any engagement and to report activity to the competent authorities where required by law.
9. Anti-Corruption, Anti-Money Laundering and Business Integrity
Direct Access Group conducts business in compliance with the U.S. Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1 et seq.), the U.S. Travel Act, applicable anti-money laundering laws including the Bank Secrecy Act, and comparable laws of the jurisdictions in which we operate. You agree not to offer, promise, give, request or accept any bribe, kickback or other improper payment or advantage in connection with any inquiry or business with us. Before entering into a Commercial Agreement we may conduct due diligence, including identity, beneficial ownership, sanctions and reputational checks, and you agree to provide accurate information for that purpose.
If you become aware of any suspected unethical or unlawful conduct connected with Direct Access Group, please report it to info@directaccessgroup.net.
10. Intellectual Property
The Website and its entire contents, features and functionality, including all text, graphics, photographs, illustrations, logos, icons, page layouts, design, software, source code and the selection and arrangement of all of the foregoing (the "Content"), are owned by Direct Access Group or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Website for your internal business purposes. You may print or download a reasonable number of pages for your own internal reference, provided you do not remove or alter any copyright, trademark or other proprietary notices. All rights not expressly granted are reserved by Direct Access Group and its licensors.
You must not copy, reproduce, republish, distribute, publicly display, modify, translate, create derivative works from, sell, license or otherwise exploit any Content without our prior written consent.
11. Trademarks
"Direct Access Group," the Direct Access Group name and logo, and related names, logos, slogans and designs are trademarks of Direct Access Group LLC. You must not use them without our prior written permission, including as part of any domain name, metatag, social media handle, keyword, advertisement or other source identifier. All other names, logos and marks on the Website are the property of their respective owners.
12. Acceptable Use
You agree that you will not, and will not attempt to, and will not permit or assist any other person to:
- use the Website in any way that violates any applicable federal, state, local or international law or regulation, including Trade Control Laws;
- submit any false, misleading, fraudulent, defamatory, obscene, harassing, threatening or infringing content, or impersonate any person or entity or misrepresent your affiliation with any person or entity;
- send unsolicited advertising, promotional material, chain letters, spam or any other form of solicitation through the Website;
- access, scrape, crawl, harvest, index or copy the Website or any Content by automated means, including robots, spiders, scrapers or data mining tools, except for general-purpose search engines that comply with our robots.txt file;
- use any Content to train, fine-tune, test or benchmark any artificial intelligence or machine learning model, or to build any dataset, without our prior written consent;
- introduce any virus, worm, Trojan horse, ransomware, malware or other harmful code, or any material that is technologically harmful;
- probe, scan or test the vulnerability of the Website or any related system or network, or breach or circumvent any security, authentication, rate-limiting or anti-abuse measure, except as permitted under Section 13;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which it is hosted, or any server, computer, network or database connected to it;
- conduct any denial-of-service attack, flood, overload or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software used on the Website, except to the extent applicable law expressly permits it despite this restriction;
- frame or mirror any part of the Website, or link to the Website in a way that suggests any form of association, approval or endorsement on our part that does not exist; or
- use the Website for competitive intelligence purposes, or to build a competing product or service.
We may investigate and take any action we consider appropriate with respect to any breach of this Section, including blocking access, removing submissions, preserving evidence and reporting the matter to and cooperating with law enforcement authorities.
13. Security and Responsible Disclosure
We use reasonable administrative, technical and physical safeguards designed to protect the Website, but no website or internet transmission is completely secure. You are responsible for the security of your own devices, networks and communications.
If you believe you have discovered a security vulnerability affecting the Website, please report it promptly and confidentially to info@directaccessgroup.net, with enough detail for us to reproduce the issue. Do not access, modify or delete data that does not belong to you, do not degrade the Website's availability, do not use social engineering or physical attacks, and do not publicly disclose the issue until we have had a reasonable opportunity to fix it. We will not pursue legal action against researchers who act in good faith and in full compliance with this Section; this commitment does not authorize any activity that violates law or the rights of any third party.
14. Feedback and Unsolicited Submissions
We welcome comments about the Website, but we do not accept or consider unsolicited ideas, proposals, inventions or creative materials outside a written agreement. If you nonetheless send us any suggestion, idea, feedback or other material that is not covered by a Commercial Agreement or non-disclosure agreement ("Feedback"), the Feedback will be treated as non-confidential and non-proprietary, and you grant Direct Access Group a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, modify, disclose and otherwise exploit it for any purpose without compensation or attribution to you.
15. Third-Party Links and Services
The Website may contain links to websites, platforms or services operated by third parties, and may rely on third-party providers for hosting, content delivery, email delivery and security. We do not control and are not responsible for the content, policies, practices, availability or security of any third-party website or service. A link does not imply our endorsement. Your use of any third-party website or service is at your own risk and subject to that third party's terms and policies.
16. Privacy
Our collection and use of personal information in connection with the Website is described in our Privacy Policy. By using the Website, you acknowledge that you have read the Privacy Policy.
17. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIRECT ACCESS GROUP, ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE "DAG PARTIES") DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE DAG PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY RELIANCE YOU PLACE ON THE WEBSITE IS STRICTLY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DAG PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA OR ANTICIPATED SAVINGS, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY CONTENT OR ANY INQUIRY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF A DAG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE DAG PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY CONTENT OR ANY INQUIRY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DIRECT ACCESS GROUP. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FOR INTENTIONAL MISCONDUCT. LIABILITY UNDER ANY COMMERCIAL AGREEMENT IS GOVERNED BY THAT AGREEMENT.
19. Indemnification
You agree to defend, indemnify and hold harmless the DAG Parties from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, fines, penalties and expenses, including reasonable attorneys' fees and costs at all trial and appellate levels, arising out of or relating to: (a) your use of or access to the Website; (b) any information or material you submit; (c) your breach of these Terms or of any representation or warranty in them; (d) your violation of any law or regulation, including Trade Control Laws; or (e) your violation of any right of any third party, including any intellectual property or privacy right. We may assume the exclusive defense and control of any matter for which you must indemnify us, in which case you will cooperate with our defense. You will not settle any such matter without our prior written consent.
20. Dispute Resolution; Binding Arbitration; Class Action Waiver
20.1 Informal resolution first. Before starting any arbitration or court proceeding, you and Direct Access Group agree to try to resolve any dispute, claim or controversy arising out of or relating to these Terms, the Website, any Content or any inquiry (a "Dispute") informally. The party raising the Dispute must send the other a written notice describing the Dispute, the relief requested and the sender's contact details. Notices to us must be sent to info@directaccessgroup.net and to 3650 NW 115th Avenue, Doral, FL 33178, United States, Attention: Legal. If the Dispute is not resolved within sixty (60) days after the notice is received, either party may start arbitration or, where permitted by this Section, a court proceeding. Any applicable limitations period is tolled during this sixty-day period.
20.2 Agreement to arbitrate. Except as provided in Section 20.4, you and Direct Access Group agree that any Dispute that is not resolved informally will be resolved exclusively by final and binding arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and, to the extent not inconsistent with it, the Revised Florida Arbitration Code (Chapter 682, Florida Statutes). The arbitrator, and not any court, has exclusive authority to resolve any question about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court will decide any question about Sections 20.5 and 20.6.
20.3 Arbitration rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or, if the AAA determines that its Consumer Arbitration Rules apply, under those rules, in each case as in effect when the arbitration is filed and as modified by these Terms. The arbitration will be conducted before a single neutral arbitrator. The seat and place of arbitration will be Miami, Miami-Dade County, Florida, although the arbitrator may allow hearings to take place by video conference or on written submissions. The arbitrator will apply the substantive law of the State of Florida and applicable federal law, will honor claims of privilege recognized by law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Payment of filing, administrative and arbitrator fees will be governed by the applicable AAA rules.
20.4 Exceptions. Either party may: (a) bring an individual action in the small claims division of the County Court in and for Miami-Dade County, Florida, if the action qualifies and remains there; (b) seek temporary, preliminary or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights, confidential information or the security or integrity of the Website; and (c) bring any Dispute arising under a Commercial Agreement in accordance with that agreement's dispute resolution terms.
20.5 Class action waiver. YOU AND DIRECT ACCESS GROUP AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class, collective or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
20.6 Mass filings. If twenty-five (25) or more demands for arbitration raising similar Disputes are filed by or with the assistance of the same or coordinated counsel or organizations, the parties agree that the demands will be administered in batches of no more than twenty-five (25), with one arbitrator assigned to each batch, and that the AAA's Mass Arbitration Supplementary Rules will apply to the extent consistent with this Section.
20.7 Severability of this Section. If the class action waiver in Section 20.5 is found to be unenforceable as to any Dispute, then that Dispute (and only that Dispute) will be severed and heard in a court of competent jurisdiction as provided in Section 21, and the remaining Disputes will be arbitrated. If any other part of this Section 20 is found to be unenforceable, it will be severed and the remainder will be enforced.
20.8 Right to opt out. You may opt out of this agreement to arbitrate by sending written notice to info@directaccessgroup.net within thirty (30) days after you first accept these Terms. The notice must include your name, organization, email address and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Sections 21 and 22.
21. Governing Law and Exclusive Venue
These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict of laws principles, and by applicable federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 20, any Dispute that is not subject to arbitration must be brought exclusively in the state courts located in Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, Miami Division. You and Direct Access Group irrevocably consent to the personal jurisdiction of and venue in those courts, and waive any objection based on inconvenient forum.
22. Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DIRECT ACCESS GROUP EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY CONTENT OR ANY INQUIRY. THIS WAIVER IS A MATERIAL INDUCEMENT FOR DIRECT ACCESS GROUP TO MAKE THE WEBSITE AVAILABLE TO YOU.
23. Time Limit for Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, IT IS PERMANENTLY BARRED.
24. Suspension and Termination
We may suspend, restrict or terminate your access to all or any part of the Website at any time, with or without notice, for any reason or no reason, including if we believe you have breached these Terms or that your use creates legal, security or reputational risk. We may also modify, suspend or discontinue the Website, in whole or in part, at any time without liability to you. Sections 5.2, 6, 7, 8, 9 and 10 through 27, and any other provisions that by their nature should survive, will survive any termination of your access.
25. International Use
The Website is controlled and operated from the State of Florida, United States. We make no representation that the Website or any Content is appropriate, lawful or available for use in other locations. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, to the extent they are applicable and not inconsistent with these Terms.
26. Accessibility
We are committed to making the Website accessible to people with disabilities. Please read our Accessibility Statement for our approach and for how to contact us if you have difficulty using any part of the Website.
27. General Provisions
27.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms posted on the Website for specific features, are the entire agreement between you and Direct Access Group regarding the Website and supersede all prior understandings regarding that subject matter. They do not replace any Commercial Agreement.
27.2 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
27.3 No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Direct Access Group.
27.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization or sale of assets.
27.5 Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary or employment relationship between you and Direct Access Group.
27.6 Force majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including hurricanes, tropical storms, floods and other acts of God, power or internet failures, cyberattacks, pandemics, governmental action, war, terrorism, civil unrest, labor disputes or failures of third-party providers.
27.7 Notices. We may give you notice by email to the address you provided, or by posting on the Website. Legal notices to us must be sent as described in Section 20.1.
27.8 Interpretation. Headings are for convenience only. The words "including" and "includes" mean "including without limitation." These Terms are written in English; any translation is for convenience only, and the English version controls.
27.9 Attorneys' fees. Except as otherwise provided in Section 20 or by applicable law, in any action or proceeding to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, including on appeal.
28. Contact Us
Questions about these Terms may be sent to:
Direct Access Group LLC
Attention: Legal
3650 NW 115th Avenue, Doral, FL 33178, United States
Email: info@directaccessgroup.net