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Last Revised
April 10, 2014 |
Data Ventures, Inc., including its subsidiaries and
affiliates ("Data Ventures") requires that all
visitors to this World Wide Web site owned,
operated, licensed, and controlled by Data Ventures
(the "Data Ventures Site") adhere to the following
Terms of Use. By accessing and using the Data
Ventures Site, you indicate your acknowledgement and
acceptance of these Terms of Use. If you do not
agree with these Terms of Use, you should not use
the Data Ventures Site. Data Ventures may change,
suspend or discontinue any aspect of the Data
Ventures Site at any time, including the
availability of any feature, database or content.
Data Ventures may also impose limits on certain
features and services and/or restrict access to
parts or all of the Data Ventures Site without
notice or liability of any kind. The terms and
conditions any individual Data Ventures’ master
service agreement for a specific Data Ventures Site
will control in the event of any provisions that may
conflict with these Terms of Use for the
www.dataventures.com website.
Restrictions on Use
All the Web products and services, information,
materials, data, images, graphics, sounds and other
components on the Data Ventures Site (the
"Contents") are copyrighted and owned or controlled
by Data Ventures unless otherwise noted. Any
unauthorized use of the Contents on the Data
Ventures Site may violate copyright, trademark and
other laws and intellectual property rights of Data
Ventures or third parties. Contents from the Data
Ventures Site may not be modified, copied or
distributed, republished, uploaded, posted,
decompiled, or transmitted in any way, without the
prior written consent of Data Ventures, except that
you may download one copy of the Contents on one
computer for your personal, non-commercial home or
archival use only, provided you do not delete or
change any copyright, trademark, or other
proprietary notices contained therein. The Contents
on the Data Ventures Site are provided for lawful
purposes only.
U.S. Government
Restricted Rights
The Contents on the Data Ventures Site are provided
with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the U.S. government is subject to
restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or its successor. Use of
the Contents by the U.S. government constitutes
acknowledgment of Data Ventures' proprietary rights
in the Contents.
Restriction of Liability
Data Ventures WILL NOT BE LIABLE FOR ANY DAMAGES OR
INJURY CAUSED BY ANY MATERIALS OR SOFTWARE,
INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
OR LINE FAILURE. Data Ventures WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY,
INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL,
INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE
DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE MATERIALS IN OR SOFTWARE
DESCRIBED THROUGH THIS SITE, EVEN IF THERE IS
NEGLIGENCE OR EVEN IF DATA VENTURES OR AN AUTHORIZED
DATA VENTURES' REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE
EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. DATA VENTURES' TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES
OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT
LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT
LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Submissions
All remarks, suggestions, ideas, graphics, or other
information communicated to Data Ventures through
the Data Ventures Site (together, the "Submission")
will become upon communication and will forever be
the property of Data Ventures. Data Ventures will
not be required to treat any Submission as
confidential, and will not be liable for any ideas
for its business (including, without limitation,
product or advertising ideas) and will not incur any
liability as a result of any similarities that may
appear in future Data Ventures operations or
Contents. Without limitation, Data Ventures will
have exclusive ownership of all present and future
existing rights to the Submission of every kind and
nature everywhere. Except as noted below in this
paragraph, Data Ventures will be entitled to use the
Submission for any commercial or other purpose
whatsoever without compensation to you or any other
person sending the Submission. You agree to
indemnify, defend and hold Data Ventures harmless
for any liability arising due to the use or
distribution of those materials. You further grant
Data Ventures the right to use your name in
connection with the reproduction or distribution of
such material.
Personally identifiable information that may be
received at the Data Ventures Site is provided
voluntarily by a visitor to the Data Ventures Site
and is governed by the terms of our Privacy Policy.
You acknowledge that you are responsible for
whatever material you submit, and you, not Data
Ventures, have full responsibility for the message,
including its legality, reliability,
appropriateness, originality, and copyright. You are
prohibited from posting or transmitting to or from
this site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material
that would violate any law. If applicable, Data
Ventures reserves the right to delete, move or edit
messages that it, in its sole discretion, deems
abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise
unacceptable, and you waive any moral rights you may
have in having the material altered or changed in a
manner not agreeable to you.
Jurisdiction
Except as otherwise described, all Contents on the
Data Ventures Site are made available only to
provide information about Data Ventures and its
services. Data Ventures controls and operates the
"dataventures.com " sites including:
"dataventures.com", "idv.dataventures.com",
"portal.dataventures.com", and
"client.dataventures.com" and makes no
representation that the Contents on such Data
Ventures Sites are appropriate or available for use
in other locations. Other Data Ventures Sites may be
controlled and operated outside of the United States
of America and may be subject to the laws of the
country in which they are controlled and operated.
If you use the Data Ventures Site from a location
other than the location where the site is controlled
and operated, you are responsible for compliance
with applicable local laws.
Disclaimer
The Contents on the Data Ventures Site could include
technical inaccuracies or typographical errors.
Also, Data Ventures may make changes or improvements
to the Data Ventures Site at any time. THE CONTENTS
ON THE DATA VENTURES SITE ARE PROVIDED "AS IS" AND
"AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW. DATA
VENTURES DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. DATA VENTURES DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE DATA VENTURES SITE, OR THE
SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. DATA VENTURES
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULTS OF THE USE OF
THE CONTENTS ON THE DATA VENTURES SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. DATA VENTURES MAKES NO COMMITMENT TO
UPDATE THE MATERIALS ON THE DATA VENTURES SITE. YOU
(AND NOT DATA VENTURES) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT
THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES.
Termination
Data Ventures may terminate this agreement at
any time. You may terminate this agreement by
destroying all materials obtained from the Data
Ventures Site and all related documentation and all
copies and installations. Data Ventures may
terminate this agreement immediately without notice
if, in its sole judgment, you breach any of these
terms or conditions. Upon termination, you must
destroy all materials obtained from this site and
all related documentation and all copies and
installations. You may not access this site after
termination of this agreement without the written
approval of Data Ventures, provided, however, that
Data Ventures shall retain all rights, including all
copyright rights and the right to use Submissions as
provided herein, and the limitations on use and
treatment of the Contents shall remain in full
force.
Linked Sites
The Data Ventures Site includes links to other sites
which are not maintained by Data Ventures. Data
Ventures is not responsible for the content of those
sites and makes no representations whatsoever
concerning the content or accuracy of, opinions
expressed in or other links provided by, such other
sites. The inclusion of any link to such sites does
not imply endorsement by Data Ventures of the sites
or any products or services referred to therein.
Data Ventures may terminate a link at any time. The
terms of use and privacy policies applicable to such
sites may be different from those applicable to the
Data Ventures Site. If you decide to access any
third party site linked to the Data Ventures Site,
you do so entirely at your own risk and Data
Ventures shall have no liability for any loss or
damage arising from your use of any such site.
Linking and Logo Policy
By linking to any page on the Data Ventures Site,
you hereby agreed to be bound by the following terms
and conditions. Except as provided in this
paragraph, Data Ventures prohibits site caching, the
use or posting of unauthorized hypertext links to
the Data Ventures Site and the framing of any
Content available through the Data Ventures Site.
You may link to the Data Ventures Site only via the
Site's home page (i.e., www.DataVentures.com) or a
designated gateway page. A gateway page is any page
that is the first and primary page that serves as a
starting point to a significant body of content.
Links can be by text only and may only read "Data
Ventures." Images of the Data Ventures logo can only
be used for link purposes and can only be made with
the express written permission of Data Ventures. Any
requests for such permission or for permission to
link to the Data Ventures Site in a manner other
than as permitted in the preceding paragraph should
be addressed to Data Ventures, Inc. at 6101
Carnegie Boulevard, Suite 520, Charlotte, North
Carolina, U.S.A., Tel: +1 704 887 1001. By linking
to the Data Ventures Site, you acknowledge and agree
that, other than as set forth herein, all rights to
the Data Ventures trademarks or service marks used
on the Data Ventures Site, the Content appearing on
the Data Ventures Site and the design of the Data
Ventures Site are fully owned without limitation to Data Ventures. You must not
misrepresent your relationship with Data Ventures or
present false or misleading impressions about Data
Ventures. No links to the Data Ventures Site may be
used in a manner that implies or suggests that Data
Ventures approves or endorses you, your Website or
your goods and services (in all cases, except as
Data Ventures may have agreed separately with you in
writing). Data Ventures shall have no responsibility
or liability for any content appearing on your
Website. You agree to indemnify and defend Data
Ventures against all claims arising out of or based
upon your Website. No link(s) may appear on any page
on your Website or within any context containing
content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes,
otherwise violates, or advocates the infringement or
other violation of, any third party rights. Data
Ventures reserves the right at any time and in its
sole discretion to request that you remove all links
or any particular link to the Data Ventures Site
from your Website. This is not a license, but
subject to your compliance with the above terms,
Data Ventures agrees to grant you the use of the
"Data Ventures" name solely for the purpose of
establishing a link to the Data Ventures Site as
permitted hereunder. Except for the limited
permission to use the "Data Ventures" name as set
forth in this paragraph, you may not use any of Data
Ventures' trademarks or service marks for any other
purpose without the express written permission of
Data Ventures. Data Ventures may at any time, in its
sole discretion, without cause, withdraw the
permission granted herein to use the "Data Ventures"
name and your right to link to any pages on the Data
Ventures Site. In such event upon request, you agree
to immediately remove all links to the Data Ventures
Site and to cease using the "Data Ventures" name for
linking purposes. Thereafter, any future links to
the Data Ventures Site will require the express
written permission of Data Ventures. Data Ventures
reserves the right to amend these linking terms and
conditions at any time. By continuing to link to the
Data Ventures Site, you agree to be bound to and
abide by these linking terms and conditions, as well
as other legal terms of use and conditions on the
Data Ventures Site, as amended from time to time.
Miscellaneous
Data Ventures may, without notice, revise these
Terms of Use at any time by updating this posting.
Your continued use of the Data Ventures Site now, or
following the posting of any changes or
modifications, will indicate acceptance by you of
such changes or modifications. These Terms of Use
will be governed and be interpreted pursuant to the
laws of the State of North Carolina and the United States
of America, notwithstanding any principles of
conflicts of law. If any part of these Terms of Use
is declared unlawful, void, or unenforceable, that
part will be deemed severable and will not affect
the validity and enforceability of any remaining
provisions. Possible evidence of use of the Data
Ventures Site for illegal purposes will be provided
to law enforcement authorities.
This completes the entire
agreement relating to the use of
the Data Ventures Site. |
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888.431.2676
704.887.1001
Monday - Friday
8 AM - 5 PM EST
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