§8.3  B.  Form: Website Terms of Use

 

Data soft logic corporation

website terms of use

Effective 1 June 2007

 

1.  BINDING EFFECT. This is a binding agreement. By using the Internet site located at Datasoftlogic.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Data Soft Logic Corporation (“DSLC” or "Company") from time to time in its sole discretion. DSLC will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

2.  PRIVACY POLICY. A complete statement of DSLC’s current privacy policy can be found by clicking Privacy Policy.  DSLC’s privacy policy is expressly incorporated into this Agreement by this reference.

 

3.  ACCESS INFORMATION.  When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing complete and accurate information requested on the registration form.  You are entirely responsible for maintaining the confidentiality of your user name, password, or other log-in information as provided to You or accepted by DSLC ("Access Information"). You may not use Access Information of someone else at any time. You agree to notify DSLC immediately on any unauthorized use of your Access Information. DSLC shall not be liable for any loss that you incur as a result of someone else using your Access Information, either with or without your knowledge. You may be held liable for any losses incurred by DSLC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Access Information.

4. USE OF SOFTWARE. DSLC may make certain software or functionality thereof available to you from the Site. If you download or access the software from the Site, the software, either as made available via remote server or as installed on your computer (collectively, “Software”) are deemed to be licensed to you by DSLC, for your personal use only, in accordance with the terms of the End User License Agreement ("EULA").  You agree that you may not use, access or install the Software except in accordance with and by authority of the EULA, which you agree shall be fully binding on you.  DSLC does not transfer either the title or the intellectual property rights to the Software, and DSLC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

 

5. USER CONTENT. You grant DSLC a license to use the materials, data, or content you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information, data or other content (“User Content”) to the Site or Service, you are granting DSLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the provision of Service and operation of the business of DSLC, its affiliates, officers, directors, employees, consultants, agents, and representatives.  You will not be compensated for any User Content.  By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

 

6.  USER FEEDBACK.  You agree that DSLC may freely use and exploit any feedback, ideas, bug fixes, comments, suggestions, or improvements, that You may at any time disclose or submit to DSLC, for DSLC's business purposes, including for product support and development, without any obligation or payment to you.

 

 

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information, data or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secrets, privacy rights, confidentiality, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. DSLC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. DSLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

9. COPYRIGHT INFRINGEMENT. DSLC has no obligation to monitor usage of the Site; however DSLC has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. DSLC has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of DSLC or of a third party, or otherwise violated any intellectual property laws or regulations. DSLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DSLC to delete, edit, or disable the material in question, you must provide DSLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DSLC to locate the material; (d) information reasonably sufficient to permit DSLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to DSLC’s designated agent at:

 

Agent of Process

Data Soft Logic Corp

643 S Second Ave Ste D

Covina, CA 91723

PH: 1-626-339-2105

FAX: 1-626-339-2051

 

10. ALLEGED VIOLATIONS. DSLC reserves the right to terminate your use of the Service and/or the Site at any time for any reason.  Further, to ensure that DSLC provides a high quality experience for you and for other users of the Site and the Service, you agree that DSLC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. DSLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but DSLC reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if DSLC believes that you have violated any of the Terms of Use or other agreement between DSLC and you, furnished DSLC with false or misleading information, or interfered with use of the Site or the Service by others.

 

11.  SERVICES. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Service in any manner that could damage, disable, overburden, or impair any DSLC server, or the network(s) connected to any DSLC server, or interfere with any other party's use and enjoyment of any Service. You may not attempt to gain unauthorized access to any Service or Software, other accounts, computer systems or networks connected to any DSLC server or to any of the Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.  The Site and all Services are for your personal use only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or the Service.

 

12. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

13. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

14. NOTHING CONTAINED IN THIS AGREEMENT, THE SOFTWARE, THE SITE, OR SERVICES IS INTENDED TO RENDER LEGAL ADVICE TO YOU, AND NO SUCH LEGAL ADVICE SHALL BE INFERRED FROM ANY OF THE FOREGOING.  YOU ARE WHOLLY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL LAWS, RULES OR REGULATIONS APPLICABLE TO YOUR ACTIVITIES AND OPERATIONS, AND YOU ARE WHOLLY RESPONSIBLE FOR OBTAINING FROM YOUR OWN LEGAL COUNSEL ANY REPRESENTATION AND ADVICE NECESSARY OR APPROPRIATE IN CONNECTION THEREWITH.

 

15. AFFILIATED SITES. DSLC has no control over, and no liability for any third party websites or materials. DSLC works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither DSLC nor the Site has control over the content and performance of these partner and affiliate sites, DSLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and DSLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that DSLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

16. PROHIBITED USES. DSLC imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DSLC in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

 

17. INDEMNITY. You agree to indemnify DSLC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless DSLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service or the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. DSLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.  Further, in the event you have a dispute with one or more Datasoftlogic.com users, you release DSLC (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

18.  EXPORT. You may not access, download, use or export the Site, or the content, software, products or services provided on the Site, and Software or Services, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of DSLC in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of DSLC outside the U.S. Neither the services of DSLC nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

19.  LINKS TO THIRD PARTY SITES.  Sites to which Datasoftlogic.com links are not under the control of DSLC, and DSLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  DSLC is not responsible for webcasting or any other form of transmission received from any linked site. DSLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DSLC of the linked-to site.

 

20. COPYRIGHTS & TRADEMARKS. All contents of Site and Service are: Copyright © 2006 DSLC. All rights reserved.  Data Soft Logic, Home Health Centre, HHCentre, HHC Web, HHC Net, and other related marks or logos are trademarks or registered trademarks of Data Soft Logic Corporation.

 

21. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site or Service.

 

22.  DISPUTE RESOLUTION. In the event a dispute arises between you and DSLC, you and DSLC agree that any claim or controversy at law or equity that arises out of these Terms of Use, the Site, or our Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.

·         Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog.

·         Alternatively, DSLC will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

·         For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or DSLC may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required.  If in-person appearance is required, it shall be held in Los Angeles County, California or another location mutually agreed upon by the parties.  In all such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

·         The existence of any dispute between the parties, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept strictly confidential.  Except as required by law, no party may make any public announcements with respect to the proceeding or the award, except as required to enforce same.

·         Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California.  All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file or assert a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

 

23. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

24. NO TRADEMARKS LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by DSLC or by any third party.  All trademarks and logos are owned by DSLC or its licensors and you may not copy or use them in any manner.

 

25. CALIFORNIA USE ONLY. The Site is controlled and operated by DSLC from its offices in the State of California. DSLC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as DSLC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

26. MODIFICATIONS. DSLC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. DSLC shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

27.  NOTIFICATIONS.  All notices or questions regarding the Site, Service or Software should be sent to the following:

 

Data Soft Logic Corp. properties, contact admin@datasoftlogic.com.

 

Data Soft Logic Web properties, contact admin@datasoftlogic.com.

 

HHCentre.net, contact support@datasoftlogic.com; for spam/privacy issues, contact admin@datasoftlogic.com.

 

Piracy questions can be routed to admin@datasoftlogic.com or by calling 1-626-339-2105.

 

28. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.