Terms of Use

ANY PERSON OR ENTITY ("User") ACCESSING THE DATAPOINTE.COM WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HERE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS DATAPOINTE.COM WEB SITE TERMS OF USE ("Agreement"): This Agreement is a legal agreement between the User and DataPointe.com for the DataPointe.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials and online or electronic documentation (Software Application Services, Application Services or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.

1. PAYMENT

Under this Agreement you agree to pay all applicable charges, including any applicable taxes or charges imposed by any government entity and that DataPointe.com may change its minimum pricing at any time. User must supply DataPointe.com with correct credit card information, and any changes in credit card validity or expiration date must be updated. DataPointe.com will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless DataPointe.com notifies User otherwise in advance. If the credit card cannot be processed for any reason, DataPointe.com reserves the right to cancel the Service.

2. MEMBER ACCOUNT, PASSWORD AND SECURITY

A password and account will be provided upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DataPointe.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DataPointe.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. MEMBER CONDUCT

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DataPointe.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. DataPointe.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DataPointe.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. If User in any way interferes with DataPointe.com's web site, User agrees to pay all damages incurred by DataPointe.com, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by DataPointe.com. So user agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer or otherwise interfere (collectively, "Interfere") with DataPointe.com's web site in any manner. User's Interference with DataPointe.com's web site relieves DataPointe.com of any of its contractual or other legal obligations to User, including DataPointe.com's obligations under its Privacy Policy. DataPointe.com will cooperate with the authorities in prosecuting any User who Interferes with DataPointe.com's web site, attempts to defraud DataPointe.com, or attempts to defraud credit card companies or any other parties through User's use of DataPointe.com's web site or services. You agree not to use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); impersonate any person or entity, including, but not limited to, a DataPointe.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; User agrees that DataPointe.com may block its IP address or addresses at any time, and at DataPointe.com's sole discretion, thereby disallowing User's continued use of DataPointe.com's web site. DataPointe.com reserves the right to refuse any or all service to any User for any reason, at any time, at DataPointe.com's sole discretion.

4. MODIFICATIONS TO SERVICE

DataPointe.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that DataPointe.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that DataPointe.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that. DataPointe.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DataPointe.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. COPYRIGHTS

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold. All title and copyrights in and to the Software are owned by DataPointe.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

6. LINKS TO THIRD PARTIES

DataPointe.com makes no claims or representations about any Web Site not under DataPointe's control that a User may access from DataPointe.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by DataPointe.com or otherwise on DataPointe.com's web site does not constitute DataPointe.com's endorsement, recommendation or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

7. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DATAPOINTE.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE DATAPOINTE.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. DATAPOINTE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN DATAPOINTE.COM SITES/SERVICES AT ANY TIME. DATAPOINTE.COM CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE DATAPOINTE.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DATAPOINTE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT DATAPOINTE.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A DATAPOINTE.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT DATAPOINTE.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DATAPOINTE.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A DATAPOINTE.COM SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL DATAPOINTE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DATAPOINTE.COM SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE DATAPOINTE.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DATAPOINTE.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE DATAPOINTE.COM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DATAPOINTE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DATAPOINTE.COM SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DATAPOINTE.COM SITES/SERVICES. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by DataPointe.com Corporation.