PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THIS WEBSITE (the “WEBSITE”), YOU (the “USER” or “YOU”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE WEBSITE AFTER AMENDMENTS ARE POSTED CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AS MODIFIED. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS THE WEBSITE AS SUCH ACCESS AND/OR USE IS PROHIBITED AND UNAUTHORIZED.
These Terms and Conditions of Use (the “Agreement” or the “Terms and Conditions”) were last updated on September 14, 2020.
The Website is provided by DATAGRATION SOLUTIONS, INC., A DELAWARE CORPORATION (the “Company”, “we” or “us”), on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions TO the use of this Website. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in any such jurisdictions.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
IN ADDITION, the Company makes no representations or warranties of any kind, express or implied, regarding ANY PRODUCTS DEPICTED OR LISTED ON THE WEBSITE, AND The Company disclaims all warranties with regard to SUCH PRODUCTS TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW.
THE COMPANY SHALL NOT be liable for any damages whatsoever with respect to the use of our website, and in particular, WITHOUT LIMITING THE FOREGOING, THE COMPANY shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if THE COMPANY has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS are INAPPLICABLE in any such jurisdictions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY VIRUSES, WORMS, DEFECTS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
User agrees to indemnify, defend and hold the Company, its owners, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Website, the violation of this Agreement, or infringement by User of any intellectual property or any other right of any person or entity.
The Company reserves the right to modify or discontinue the Website with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Website. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
By creating an account, you agree that you may receive communications from us, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of any email received from the Company. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself or your company, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Website and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. We are under no obligation to enforce the Terms and Conditions on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms and Conditions or otherwise engaged in prohibited or illegal conduct. You agree not to, and will not assist, encourage, or enable others to use the Website:
Your use of the Website may be monitored, tracked, and recorded. By using the Website, you expressly consent to such monitoring, tracking and recording. You agree that we may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify you individually. Our vendors and professional service providers may also have access to such data solely for the purpose of providing services to the Company and in line with their ordinary course of business.
If you use the Website from a location outside of the United States, your connection will be through and to servers located in the United States and any information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of such information to the United States and its storage and use as specified above when you provide such information.
The Website is operated and provided in the State of Texas, United States of America. As such, we are subject to the laws of the State of Texas, and such laws will govern this Agreement and any disputes arising in connection herewith, without giving effect to any choice of law rules. Accordingly, if you choose to access our Website, you agree to do so subject to the internal laws of the State of Texas. We make no representation that our Website or other services are appropriate, legal or available for use in other locations.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company. User may not resell use of, or access to, or link the Website to any third party, without the prior written consent of the Company.
All other trademarks displayed on the Website and not owned by the Company are the trademarks of their respective vendors, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
In the event that you enter into any written agreements with the Company to sell or purchase any products listed on the Website, then the provisions of such written agreements shall control over the provisions of these Terms and Conditions.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.