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1. Consent to Terms of Use. Your
access to, and use of,
www.data-partners.com (hereinafter "Website") is subject to the following Terms of Use and all
applicable laws and regulations. By accessing and using our Website, you
consent to and accept, without limitation or qualification, these Terms of Use,
and acknowledge that any other agreements between you and Data Partners Inc.
are superseded with respect to this subject matter. If you do not agree and
accept, without limitation or qualification, these Terms of Use, you must exit
our Website.
2. Ownership of Web Content. The Website and all of its
contents including, but not limited to, all source code, text, and images ("Web
Content") are owned and copyrighted by Data Partners Inc. or other owners. Any
Web Content that is a trademark, logo, or service mark is also a registered and
unregistered trademark of Data Partners Inc. or others. Your use of any Web
Content, except as provided in these Terms of Use, without the written
permission of the Web Content owner is strictly prohibited.
3. Limitations on Use of Our Website. Data Partners Inc.
grants you permission to use our Website as follows:
- you may browse our Website to educate yourself on our products and services;
- you may download, but not alter, Web Content, but only for noncommercial,
personal use and provided that you also retain all copyright and other
proprietary notices contained on the Web Content;
- Web Content may be reproduced for editorial purposes in newspapers, general
circulation news magazines, trade publications and broadcast media so long as
prior written notification is supplied to Data Partners Inc. ;
- except as permitted herein, you may not distribute, modify, copy, transmit,
display, reuse, reproduce, publish, license, create derivative works from,
transfer, sell or otherwise use Web Content without Data Partners Inc. 's
written permission;
- you are prohibited from using our Website to post or transmit any infringing,
threatening, false, misleading, abusive, harassing, libelous, defamatory,
vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law. Data Partners Inc. will fully cooperate with any law
enforcement authorities or any court order requesting or directing
Data Partners Inc. to disclose the identity of anyone posting or transmitting
any such information or materials;
- and you are prohibited from using our Website to advertise or perform any
commercial solicitation to Data Partners Inc. or any other person or entity.
4. Privacy. Any personal data (for example, your name,
address, telephone number or e-mail address) you transmit to our Website by
electronic mail or otherwise will be used by Data Partners Inc. in accordance
with the our Privacy Policy detailed elsewhere in this site. Any other
communication or material you transmit to our Website, such as questions,
comments, suggestions or the like, are non-confidential and nonproprietary.
5. Disclaimer of Warranties. All Web Content is subject to
change without notice and is provided to you "as is" without any warranty of
any kind, either expressed or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, or
noninfringement. Without limiting the foregoing, Data Partners Inc. neither
warrants nor represents that your use of any Web Content will not infringe the
rights of any third parties nor that the web content will be accurate, complete
or up-to-date. Additionally, with reference to any discussions, chats,
postings, transmissions, bulletin boards, and the like that may be on our
Website, Data Partners Inc. assumes no responsibility or liability arising from
any infringing, threatening, false, misleading, abusive, harassing, libelous,
defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law, contained in any such locations on our Website.
6. Exclusion of Liability. Your use of our Website is at your
own risk. Neither Data Partners Inc. , nor any of its subsidiaries, affiliates,
officers or directors, nor any of its agents or any other party involved in
creating, producing, or delivering the site, are liable for any direct,
indirect, punitive, incidental, special, consequential or other damages arising
out of or in any way connected with the use of our Website or content whether
based on contract, tort, strict liability or otherwise, even if advised of the
possibility of any such damages.
7. Links to Third Party Websites. Our Website may contain
links to sites owned or operated by parties other than Data Partners Inc. Such
links are provided for your convenience only. Data Partners Inc. does not
control, and is not responsible for, the content or privacy policies on, or the
security of, such sites. Without limiting the foregoing, Data Partners Inc.
specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does Data Partners Inc. endorse the content, or any products or
services available, on such sites. If you establish a link to such sites or our
Website, you do so at your own risk and without the permission of
Data Partners Inc.
8. Prohibited Export. Software and other materials from this
Website may be subject to United States Export Control. The United States
Export Control laws prohibit the export of certain technical data and software
to certain territories. No software from this Website may be downloaded or
exported into any country to which the United States has embargoed goods; or
anyone on the United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
Data Partners Inc. does not authorize the downloading or exportation of any
software or technical data from this Website to any jurisdiction prohibited by
the United States Export Laws.
9. Revisions to the Terms. Data Partners Inc. may at any time,
and without notice, revise these Terms of Use by updating this posting. You are
bound by any such revisions and should therefore periodically visit this page
to review the current Terms of Use.
10. Controlling Law & Jurisdiction. These Terms of Use and
your use of our Website are governed by the laws of the State of Florida, USA ,
without regard to its choice of law provisions. The courts of general
jurisdiction located within Lee County, Florida, USA, will have exclusive
jurisdiction over any and all disputes arising out of, relating to or
concerning these Terms of Use and/or our Website. By your use of our Website,
you hereby irrevocably consent to these choices of law and forum selection
provisions.
Copyright © 2006 Data Partners Inc. All rights reserved.
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