The Company is committed to respecting your privacy. Once you choose to provide personally identifiable information to us, including in connection with any use by you of Company products and services, it will be used only in the context of your relationship with the Company and this Site. We will not sell, rent, or lease any of your personally identifiable information to others, except in the event of an acquisition of the Company.
We are committed to ensuring the security of your information. We take precautions, including administrative, technical, and physical measures, to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online.
In addition, as is standard practice on many websites, this Site uses “cookies” and other technologies to help us understand which parts of this Site are the most popular, where our visitors are going, and how much time they spend there. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, and date/time stamp. We use this information, which does not identify individual users, to analyze trends and to administer this Site.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, the Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of the Company, such action is necessary or desirable.
Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. The Company’s failure to expressly enforce any provision of these Terms does not waive its rights to enforce that or any other provision.
Welcome to www.datacastlecorp.com (the “Site”).
Except where otherwise indicated, the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to the Company, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States. “Datacastle” and the related marks on the Site are trademarks of the Company, protected under the United States and foreign laws. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) of any other party is not intended to imply the Company’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of the Company, its products or services.
You may not engage in any of the following with regard to your use of the Site: (i) use this Site in any way that infringes or contributes to the infringement of any intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false, (ii) use this Site in a manner that violates any applicable laws, rules or regulations, whether federal, state or local or those of any foreign jurisdiction, nor may you use this Site in a way for unlawful purposes or to promote any unlawful activities, (iii) interfere or attempt to interfere in any manner with the proper working of this Site, (iv) take any action that imposes an unreasonable or disproportionately large load on this Site or this Site’s infrastructure, (v) impersonate another person or solicit passwords or personally identifying information from other users, (vi) use this Site, directly or indirectly, to transmit “junk mail”, “chain letters”, or unsolicited mass mailing or to “spam” others, (vii) sell or modify this Site’s content or reproduce, republish, display, publicly perform, distribute, or otherwise use this Site or its content in any way for any public or commercial purpose.
Unauthorized use of this Site’s content on any other website or in a networked computer environment for any purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or its content. Nor may you use any network monitoring or discovery software to determine this Site’s architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy this Site or its content without our prior written permission.
Third Party Websites
This Site may contain links to websites not operated or maintained by the Company. The Company is not responsible for the content of the websites of others and makes no representation regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk, and waive any and all claims against the Company regarding the inclusion of links to outside websites or your use of those websites.
The Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site. We are not liable for any lost data resulting from the access, use and operation of this Site and/or the enforcement of these Terms. The entire risk arising out of the use or performance of this Site remains with you. You remain solely responsible for materials you post to, transmit through, or link from this Site and you agree to indemnify and hold us harmless with respect to any claim based upon transmission or the content of materials or any other claim arising out of your use of this Site. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from your use of this Site.
You understand that your use of this Site is at your own risk. Changes are periodically made to this Site and may be made at any time. The Company does not assume any liability for the content of any materials on this Site and makes no representations or warranties as to the accuracy of any content. Reliance on any information presented on this Site is at your own risk. We reserve the right to change or discontinue any aspect or feature of this Site at any time.
Limitations on the Company's Liability
Disclaimers of Warranties: Except as otherwise required by applicable law, neither the company nor its directors, officers, employees, or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this site or from any information, services or products provided through this site, even if it has been advised of the possibility of such damages.
Disclaimer of Consequential Damages: Except as otherwise required by applicable law, neither the company nor its directors, officers, employees, or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this site or from any information, services or products provided through this site, even if it has been advised of the possibility of such damages.
Remedy: If you are dissatisfied with this site, or any portion thereof, your exclusive remedy shall be to cease using the site.
Company Products and Services: Without limiting any of the foregoing, any use by you of any company products and services, including your participation in any beta or testing, will be governed by the terms of a separate agreement or user license between you and the company.
© 2008 - 2013 Datacastle Corporation. All rights reserved.
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