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Please read these Terms of Use carefully before using this Web site. By using this site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you should not use this site. We may change or revise this information at any time without notice, so please visit this area each time you visit the Web site to keep up-to-date with the current Terms of Use. We may also, in our sole discretion, and at any time, discontinue this Web site or any part thereof without notice. 1. Ownership and Operation This Web site belongs to and is controlled by Daticon, LLC. ("Daticon"). 2. Intended Geographic Scope This Web site and its contents is controlled and operated from within the United States of America. Access to this Web site from territories where its content is illegal is prohibited. Those who choose to access this Web site from outside the United States are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Web site. 3. Privacy For information on how Daticon uses and protects the personal information you may provide on this Web site, see our Privacy Policy. 4. Intellectual Property It is Daticon policy to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal sanctions. Except as otherwise noted, the trademarks, service marks, and logos (collectively, the "trademarks") displayed on this site are registered and unregistered trademarks that are owned or licensed by Daticon. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to the trademarks without the express prior written permission of Daticon. The entire content of this Web site, including but not limited to text, design, graphics, interfaces, logos, trademarks, icons, images, and audio or video clips on this Web site and the selection and arrangements thereof is copyrighted as a collective work under United States copyright laws and is the property of Daticon. No part of this Web site may be copied, reproduced, republished, posted, or distributed in any way, except for non-commercial home use (provided you keep intact all copyright, trademark, and other proprietary notices on the materials, e.g., "Copyright © 2004 Daticon, LLC. ALL RIGHTS RESERVED."). 5. Submissions Except for personal information we may collect from you under the guidelines established in our Privacy Policy, all remarks, suggestions, ideas, graphics, data, questions, or other information (including products and advertising ideas) communicated to Daticon through this site or through electronic mail or otherwise will forever be the property of Daticon, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions and you acknowledge that such information will not be treated as confidential or proprietary and may be used by Daticon for any purpose, including reproduction, transmission, publication, broadcast, and posting. Additionally, by submitting an idea to us, you waive any right to compensation of any type for that idea. 6. Links For your convenience, this site may contain links to third-party Web sites not owned or operated by Daticon. If you use these links, you will leave this site. Please note that Daticon has no control over the content appearing on such third party sites. In addition, while Daticon may provide you with a link to a third-party Web site, it is understood that Daticon does not endorse,approve, sponsor, or support such sites. Further, Daticon shall not be responsible or liable, in any way whatsoever, for the content of such third-party Web site or the consequences or damages resulting from your use thereof. Please note that the privacy policies applicable to such thirdparty sites may differ significantly from the Daticon Privacy Policy. If you decide to access any of these linked third-party sites, you do so entirely at your own risk. 7. Limitation of Liability Under no circumstances, whether due to negligence or otherwise, shall Daticon, including its directors, officers, employees, affiliates, successors, or assigns be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive, or other damages, including but not limited to loss of data or profit, that may result from the use of, or the inability to use, the Web site or any materials in this site, arising out of or in connection with the use or performance of the Web site or information available in the Web site. These include, but are not limited to, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse, or other harmful component. Some jurisdictions may not allow the exclusion of liability for incidental or consequential damages. ccordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Daticon's total liability to you for damages, losses, and/or causes of action exceed one hundred dollars ($100). Any claim or cause of action you may have with respect to this site (including but not limited to the purchase of Daticon products or services) must be commenced within one (1) year after the claim or cause of action arises. 8. Applicable Law/Place of Jurisdiction These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of Connecticut, without reference to its conflicts of law principles. Any legal actions, suits, or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state courts of Connecticut or the appropriate United States District Court, and you hereby accept and submit to the personal jurisdiction of these Connecticut or U.S. courts with respect to any legal actions, suits, or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use. 9. Downloaded Software If you download software from this Web site, the software and all files, images, and data relating to the software are subject to the license terms in the software license that accompanies or is provided with the software. You do not own the downloaded software, and Daticon does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. 10. Forward-Looking Statements This Web site may contain statements that involve Daticon's intentions, expectations, or predictions. Such statements reflect the views of Daticon as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Daticon disclaims any intention or obligation to update or revise these statements. 11. Severability/No Waiver If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Daticon to enforce these Terms of Use shall constitute a waiver of any of Daticon's rights under these Terms of Use whether for past or future actions on the part of any person. |
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