Terms of Use Agreement for DaTa Link Process Services
THIS MASTER SUBSCRIPTION AGREEMENT ("AGREEMENT or "TOU") GOVERNS YOUR ACQUISITION AND USE OF DATA LINK PROCESS SERVICES. BY ACCEPTING THIS AGREEMENT BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT EXECUTE AN ORDER FORM OR OTHERWISE ACCEPT THIS AGREEMENT AND MAY NOT USE THE DATA LINK PROCESS SERVICES.
You may not access the DaTa Link Process Services if You are Our direct competitor, except with our prior written consent. In addition, You may not access the DaTa Link Process.com Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This agreement was last updated on Jan 1, 2014. It is effective between You and Us as of the date You executed the applicable order.
1.INTRODUCTION
DaTa Link Process ("DaTa Link Process") welcomes you. Please carefully review these Terms of Use ("TOU" or "Agreement"), as they contain important information regarding your legal rights, remedies, and obligations. The TOU apply if you visit, view, use, or access (collectively, "access") DaTa Link Process’s websites made available on <DaTa Link Process.com> (the "Website"), and/or (hereinafter, "or") if, through any Internet-enabled mechanism, you access data, information, products, services, or applications (collectively, "Services") made available by or from DaTa Link Process.
2. LEGALLY BINDING AGREEMENT
By accessing the Website or Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration of this Agreement. Please review this document carefully as it is a legally binding document between you and DaTa Link Process. If you do not agree to these TOU, you are prohibited from accessing the Website and the SERVICES. Please exit immediately. DaTa Link Process reserves the right to modify, alter and update the content of these TOU at any time. Changed TOU will be indicated by the "effective date" at the top of this agreement. If you do not agree to such changes, please exit the Website and Services immediately.
3. ELIGIBILITY
The Website and Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the website or services under the laws of any applicable jurisdiction.
4. PRIVACY STATEMENT; CHANGES TO AGREEMENT AND PRIVACY STATEMENT
1. Privacy Statement. DaTa Link Process encourages users of the Website to frequently check the DaTa Link Process Member and Web Site Visitor Privacy Statement . By accessing the Website, you represent and warrant that you have read and understood, and agree to be bound by, the DaTa Link Process Member and Web Site Visitor Privacy Statement. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE DATA LINK PROCESS MEMBER AND WEB SITE VISITOR PRIVACY STATEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
2. Changes. DATA LINK PROCESS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE DATA LINK PROCESS USER AND WEB SITE VISITOR PRIVACY STATEMENT AT ANY TIME. Notice of any such change will be given by the posting of a new version or a change notice on the Website. It is your responsibility to review this Agreement and the DaTa Link Process User and Web Site Privacy Statement periodically. If at any time you find any unacceptable, you must immediately leave the Website and refrain from using the Website and Services.
5. SUBSCRIPTION ACCOUNTS
1.Generally. DaTa Link Process offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan.
2. Method of Payment. Payments may be made by the online payment secure platform paypal or by bank transfer or by credit card. Your account will remain open and active until your membership is cancelled, suspended or terminated. You authorize DaTa Link Process to charge you for your recurring subscription fee payments as applicable based upon your Plan Details. DaTa Link Process is permitted to bill you as described in your Plan Details, including any applicable tax and any other charges you may incur in connection with your use of the Website or Services.
3. Your Credit Card Information. You are required to provide all information necessary to open and maintain your subscription account. For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You shall keep your credit card information up-to-date at all times. You must promptly notify DaTa Link Process of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the Website or Services.
4. Termination. DaTa Link Process may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Services. You will forfeit your contacts upon termination. YOUR SUBSCRIPTION FEE WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
6. LICENSE
Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and DaTa Link Process, DaTa Link Process grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of DaTa Link Process or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Directory is the proprietary, confidential information of DaTa Link Process, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (below). Your obligations set forth above shall survive termination of this Agreement.
To the extent you elect to submit contact or company information (including portions thereof) to DaTa Link Process for inclusion in the DaTa Link Process database, you hereby grant DaTa Link Process a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website and Services any such submitted information (including any portions thereof submitted by you) and distribute such information through the Website and Services.
7. CODE OF CONDUCT
This section sets forth the DaTa Link Process Code of Conduct (the "Code"). All Users and Website Visitors must fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.
•Use of Information Obtained via Website/Services. DaTa Link Process has no actual control over your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
- For any purpose, activity or in any manner that is criminal, illegal or actionable;
- In violation of any local, state, national or international laws, regulations or conventions;
- To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
- For unethical marketing activities;
- To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
- To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
- To prepare or compile information that is distributed in any manner or form to any third-party;
- To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
- In connection with any individual credit, employment, or insurance decision;
- To disclose or solicit the private, non-business, information of any person;
- For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without DaTa Link Process’s express, prior consent.
8. YOUR CREATIVE CONTENT
DaTa Link Process's Website may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material ("Your Creative Content") through message boards, forums, Member blogs or other interactive features. With respect to Your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant DaTa Link Process a royalty-free, perpetual, irrevocable, worldwide transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of DaTa Link Process's Website to access, store, distribute, perform, reproduce and prepare derivative works of Your Creative Content. No compensation will be paid to you or to any other person or entity with respect to Your Creative Content.
9. INTELLECTUAL PROPERTY
The Website and all content and materials located thereon, including without limitation any DaTa Link Process names and logos (the "DaTa Link Process Marks"), the Services, Directory, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of DaTa Link Process or its licensors. Except as explicitly provided, neither the Website nor this Agreement grant you any right, title or interest in or to any such content or materials. The DaTa Link Process Marks are trademarks or registered trademarks of DaTa Link Process. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. The Website is Copyright © 2013, DaTa Link Process, ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by DaTa Link Process in a signed writing, you have no intellectual property or other rights in the information you contribute to the Directory.
10. DISCLAIMERS; LIMITATION OF LIABILITY
1. NO WARRANTIES
ALTHOUGH DATA LINK PROCESS TAKES REASONABLE MEASURES TO KEEP THE WEBSITE AND SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. DATA LINK PROCESS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER DATA LINK PROCESS NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE.
2. YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD DATA LINK PROCESS OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
11. THIRD-PARTY WEBSITES
On DaTa Link Process’s Website, you may find links to websites operated by third parties ("Third-Party Sites"). DaTa Link Process does not endorse or control Third-Party Sites, each of which may be governed by its own terms of service and privacy policy. DaTa Link Process disclaims, and you hereby agree to assume, all responsibility and liability for any damages or other harm, whether to you or third-parties, resulting from your use of Third-Party Sites. Please take all protections necessary to protect yourself and your computer system when accessing Third-Party Sites, particularly when downloading or purchasing anything therefrom.
12. GOVERNING LAW
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in United Kingdom, and shall be governed by and construed in accordance with the laws of United Kingdom without regard to its conflict of law principles.
To the extent arbitration is not required under this Agreement, THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES WILL BE THE ENLISH COURTS IN UNITED KINGDOM. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
