Terms of Use









Welcome to the Diversified Animated Technologies Associates, Inc. (DATA, Inc.) Web site! DATA and its associates provide you their services and a license to use this site subject to the following Terms of Use. If you visit or use this Web site, you accept these Terms. Please read them carefully.


PRIVACY

We do not sell, lease, lend or disclose our users’ contact information, including e-mail addresses, to any other company or organization. Our contact with you and your company is respected, secure, and private. Any information we collect from you will be information you’ve given us for our follow-up and customer service response capability. However, we collect and store certain information automatically. What we collect and store automatically is:
  • The Internet Protocol (IP) address of the domain from which you (or any user) access the Internet
  • The date and time you (or any user) access the site
  • The pages you (or any user) visit or use (recorded by the text and graphics files that compose that page)
  • The Internet address, if any, of the Web site from which you (or any user) linked directly to the DATA site

We use the summary statistics as part of our security program and to help us make the site more useful to visitors. We’re able to assess what information is used most frequently and how well the site's technical design specifications, including system performance or problem areas, are performing. This information is not shared with anyone beyond this site’s support staff, except when required by law enforcement investigation, and is used only as a source of anonymous statistical information.


ELECTRONIC COMMUNICATIONS

When you visit the DATA site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically via e-mail will satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included on this site, such as text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and any other software application, is the property of DATA, Inc. The compilation of all content on this site is the exclusive property of DATA, Inc. with copyright ownership for this compilation by DATA, Inc., and protected by United States and international copyright laws.


TRADEMARKS

Any current or future DATA, Inc. logos, service marks, trademarks and trade or product names may not be used in connection with any product or service that does not belong to, is not owned by, or endorsed by DATA, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DATA, Inc. All other trademarks not owned by DATA, Inc. or its subsidiaries that may appear on this site now or in the future are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DATA, Inc. or its affiliates.


SITE ACCESS

DATA, Inc. grants you access to this site. You may use the Web site, the services and the content solely for your own, not commercial, use. You may not, however, modify or alter the site’s infrastructure design or content in any way. You may not delete or change any copyright or trademark notice. No right or interest in any copied or downloaded content is transferred to you as a result of any copying or downloading. DATA, Inc. reserves full intellectual property rights in any content copied or downloaded from this Web site. Any unauthorized use terminates the permission for access or license granted by DATA, Inc.


YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our Web site only with the involvement of a parent or guardian. DATA, Inc. and its associates reserve the right to refuse service, terminate accounts and remove or edit content in their sole discretion and in compliance with legal requirements.


PRODUCT DESCRIPTIONS

DATA, Inc. and its associates attempt to be as accurate as possible. DATA, Inc. does not warrant that content included in this site is error free. We have made a bona fide effort to ensure accurate, complete, reliable, current, and error-free content. The content is based on the best practices of online design and software application development.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THIS SITE IS PROVIDED BY DATA, Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATA, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS VOLUNTARY AND DONE SO AT YOUR SOLE RISK. THE CONTENT AND DEVELOPMENT ARE BASED ON CURRENT BEST PRACTICES.
DATA, Inc. DOES NOT AND CANNOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DATA, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATA, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.


APPLICABLE LAW

By visiting the DATA, Inc. Web site you agree that the laws of the State of Colorado will govern these Terms of Use and any dispute of any sort that might arise between you and DATA, Inc. or its associates.


DISPUTES

Any unresolved dispute relating to DATA, Inc. shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate DATA’s intellectual property rights, DATA, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. This Agreement shall be governed by and interpreted under the laws of the State of Colorado. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of Denver, State of Colorado and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to this site, policies, and these Terms of Use at any time. The intention of DATA, Inc. is to continue to upgrade and improve the site and to ensure the protection and security of the information therein. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of remaining Terms of Use.






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