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Terms of Use
These Terms of Use
are between you and AccuData Holdings, Inc. dba AccuData Integrated Marketing, a
Delaware corporation ("we," "us," and "our"). Your use of the AccuData.com website
or any affiliated websites (the "Website") constitutes an acknowledgement that you
have read the most recent version of the Terms of Use and that you agree to adhere
to its terms. If you do not agree to be bound by these Terms of Use, please cease
all further use. We reserve the right to amend these Terms of Use at any time.
1. Access to Website
Limited License.
We grant you a limited license to access and make personal use of the Website and
not to download (other than page caching) or modify any portion of the Website without
our prior written approval. You shall not use any robot, spider or other device
to monitor the Website in any manner. We may terminate this license at any time.
2. Policies Governing Use of the Website
Links to the Website.
You are expressly
prohibited from framing or linking or otherwise using or displaying
the Website in such a manner so that it appears to be part of your own or someone
else's website. You shall not deep link to or scrape any page on the Website or
otherwise link in a manner that bypasses the Website home page.
Privacy Statement.
Our use of your information shall be governed at all times by our Privacy Statement.
Links to Other Websites.
We may place links on the Website to other websites on the Internet that are owned
or operated by third parties. You acknowledge and agree that we are not responsible
for, nor
do we endorse or support, the operation of or content located on
any such website, and we cannot and do not warrant that the content of such websites
is accurate, complete, legal and/or inoffensive. By linking to these third-party
websites, you acknowledge and agree that you may not make any claim against us for
any damages or losses of any kind arising from the third-party website and/or the
link.
3. Intellectual Property
Trademarks. AccuData
and other marks, logos, graphics, and trade dress used on the Website are our trademarks
or the trademarks of our affiliates, and may not be used in any manner (including in "meta-tags" or "hidden text") without our prior written approval.
License to Submitted
Suggestions and Ideas. If you submit material to the Website, you grant us and our
affiliates a nonexclusive, worldwide royalty-free, perpetual, irrevocable, transferable,
sublicensable license and right to
use, reproduce, modify, adapt, publish, translate,
create derivative
works from, distribute, and display such material in any manner.
You grant us and our affiliates the right to use your name that you submit in connection
with such material, if they choose.
4. Disclaimer of Warranty; No Consequential Damages; Limitation of Liability
Disclaimer of Warranty.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. We DISCLAIM
ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
No Consequential
Damages. In no event shall WE or any of OUR affiliates be liable to you for any
special, consequential, incidental, indirect, punitive or exemplary damages, or
lost profits or for the cost of procurement of substitute goods or services, however
caused, including through the use of the Website, OR the provision of services thereby.
Limitation of Liability.
Notwithstanding anything to the contrary herein, OUR aggregate liability to you
arising out of or related in any way to these Terms of Use shall not exceed the
aggregate amount paid by you to US under These Terms of Use during the six-month
period immediately preceding the date upon which the event giving rise to the claim
against US arose.
5. Miscellaneous
Choice of Law; Jurisdiction.
These Terms of Use shall be governed and interpreted in accordance with the substantive
law of the State
of Florida without regard to its conflict of law provisions. You
agree to the exclusive jurisdiction of the courts located within Lee County, Florida.
You understand that this website is directed only to residents of the United States.
Severability. If
any provision of these Terms of Use is deemed invalid or unenforceable, that provision
shall be deemed severable and shall not affect the validity, legality or enforceability
of the remaining provisions.
Survival. Any section
of these Terms of Use that by its terms and nature is meant to survive the termination
of these Terms of Use, shall survive such termination.
Entire Agreement.
These Terms of Use sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
You are hereby advised
that we currently contract with several online partners to help manage and optimize
our Internet business and communications. We use the services of a marketing company
to help us measure the effectiveness of our advertising and how visitors use our
site. To do this, we use Web beacons and cookies provided by our marketing company
on this site. By supplementing our records, this information helps us learn things
like what pages are most attractive to our visitors, which of our products most
interest our customers, and what kinds of offers our customers like to see. Although
our marketing company manages the information coming from our site on our behalf,
we control how that data may and may not be used. If you do not want to help us
learn how to improve our site, products, offers and marketing strategy, you can
"opt-out" of our ability to analyze such data by contacting us at
info@accudata.com
© 2009 AccuData
Integrated Marketing. All Rights Reserved.