Terms of Use
Acceptance of Terms and Conditions of Use
BY USING THIS WEBSITE OWNED OR OPERATED BY ELECTRONIC EVIDENCE DISCOVERY, INCORPORATED (“EED”) THE USER (“YOU”) ASSENT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”). IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE. DATICON EED RESERVES THE RIGHT TO MODIFY THE FOLLOWING TERMS AT ANY TIME, SO YOU SHOULD CHECK THESE TERMS PERIODICALLY FOR CHANGES.
This website may include, without limitation, a) various tools available for use by prospective customers, customers, marketing affiliates and partners; b) technical, contractual, product, program, pricing, marketing and other valuable information; and c) content such as data, text, software, photographs, graphics messages or other materials. Daticon EED's website is controlled and operated by Daticon EED from its corporate headquarters in the state of Washington. Daticon EED makes no representation that materials on the website are appropriate or available for use in any location outside the state of Washington. Those who access the website from locations outside of Washington do so on their own initiative and are responsible for establishing the use or correctness of material with local laws. If You are using the website on behalf of an employer, you represent and warrant that You are authorized to accept the Terms on behalf of Your employer, and the employer agrees to indemnify You and Daticon EED for violations of these Terms.
Your Obligations and Conduct
In consideration of Your use of the website, You agree to accept all risks of unauthorized access to information and registration data. You have the sole responsibility for adequate protection and back up of data and/or equipment used in connection with this website.
You are completely responsible for all content that you upload, post or otherwise transmit via the website. You agree not to upload, post or otherwise transmit via website content that: a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Daticon EED or other users of the website; b) includes unauthorized disclosure of personal information; c) violates or infringes anyone’s intellectual property rights; or d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Daticon EED reserves the right to edit or remove content that violates these Terms of contains third-party advertisements.
You agree that You will not use the website to a) transmit spam, bulk or unsolicited communications; b) pretend to be Daticon EED or someone else, or spoof Daticon EED's or someone else’s identity; c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services provided on this website; d) misrepresent your affiliation with a person or entity; e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use this website; f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law; or g) collect or store personal data about other users unless specifically authorized by such users.
Confidential Information
You consent to the collection, processing and storage by Daticon EED of Your personal information in accordance with the terms of our privacy policy, which is available at http://www.daticon-eed.com/privacy.html.
You may obtain direct access via the website to certain confidential information of Daticon EED including, without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential. You must hold that confidential information in strict confidence. Rights to the confidential information remain with EED.
Do not provide Daticon EED with confidential or proprietary information about You through the website. Any information or material sent to Daticon EED will not be deemed confidential. You agree that Daticon EED is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Daticon EED will not release your name or otherwise publicize the fact that you sent materials or other information to us unless: a) we obtain your permission to use your name; or b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or c) we are required to do so by law.
Disclaimers
All materials available on this website are for informational purposes only and have been prepared by Daticon EED as a service to its users and the Internet community and not for the purpose of providing legal advice. Use of and access to this website does not create an attorney-client relationship between Daticon EED, any employee thereof, and You. Any opinions expressed on this website or through articles, white papers, or other materials, are the opinions of the author(s) and may not reflect the opinions of EED. You should contact an attorney to obtain advice with respect to any particular issue or problem. You use the information provided on this website at your own risk.
Information is not guaranteed to be correct, current or complete, and this site may contain technical inaccuracies or typographical errors. Daticon EED assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.
Daticon EED provides no assurances that any reported problems will be resolved by Daticon EED, even if Daticon EED elects to provide information with the goal of addressing a problem.
Advertisements and Promotions
Daticon EED may run advertisements and promotions from third parties on this website. Your correspondence or business dealings with or participation in promotions of, advertisers other tha Daticon EED found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Daticon EED is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Daticon EED advertisers on this website.
Content Provided Via Links
Any links to third-party sites will allow You to leave this website and such sites are not under the control of EED. Therefore, Daticon EED is in no way responsible for the content, changes or updates of any third-party sites linked in any fashion from this website. Daticon EED merely provides any such links as a convenient services to its users and in no way implies and endorsement by Daticon EED of the site.
Disclaimer of Warranty
USE OF THIS SITE IS AT YOUR OWN RISK. ALL MATERIALS, INFORMATION, PRODUCTS, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DATICON EED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. DATICON EED EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMIITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DATICON EED MAKES NO WARRANTY OR GUARANTEE THAT HIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE WILL BE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMES, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALL THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Daticon EED and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, supplies, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your content, Your use of or connection to this website, Your violation of the Terms, or Your violation of any rights of another.
Limitation of Liability
IN NO EVENT WILL DATICON EED BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OR, OR ACCESS TO ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DATICON EED IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Intellectual Property Rights
Except as expressly authorized by Daticon EED, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Daticon EED discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
All copyrightable material, whether proprietary or in the public domain, owned or operated by Daticon EED are Copyright © 2009 Daticon EED. All rights reserved. Permission is granted to use information, including, but not limited to, white papers, data sheets, and press releases, provided that the Daticon EED copyright notice appears in all copies, use of the information is for non-commercial or personal use only and will not be copied or posted on the Internet or any network computer or broadcast in any media, and no modifications to any documents are made. Any other use or distribution, including copying, retransmission or modification, of Daticon EED copyrighted material without express written permission of Daticon EED is strictly prohibited.
You may not remove or alter any Daticon EED Trademarks or co-brand your own products or materials with Daticon EED Trademarks without prior written consent. You acknowledge Daticon EED's rights in all names, marks, brands, logos, designs, trade dress, slogans and other designations Daticon EED uses in connection with its products and services (“Trademarks”).
General Terms
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Daticon EED's prior written consent, except that Daticon EED grants You nonexclusive, non-transferable, limited permissions to access and display the web pages within this site, solely on Your computer and for Your personal, noncommercial use of this website. This permission is conditioned on Your not modifying the content displayed on this site, Your keeping intact all copyright, trademark and other proprietary notices, and Your acceptance of the terms, conditions and notices accompanying the content or otherwise set forth in this website.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
These Terms shall be construed in accordance with the laws of the State of Washington. Users agree that venue for any action at law or in equity arising out of or relating to these Terms shall be in King County, Washington.
The Terms constitute the entire agreement between You and Daticon EED relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification of the Terms will be binding, unless in writing and signed by an authorized Daticon EED representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Daticon EED or third-party products or services.
You agree that any material breach of the Terms will result in irreparable harm to Daticon EED for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at, Daticon EED will be entitled to equitable relief, including both a preliminary and permanent injunction, if such breach occurs. You waive any requirement for the posting of a bond or other security if Daticon EED seeks such an injunction.
