Data Education Terms of Use Agreement

Last Updated: February 26, 2012

READ THIS TERMS OF USE AGREEMENT (“Agreement”) BEFORE ACCESSING THE DATA EDUCATION (“Data Education”, “We”, “Us” or “Our”) WEBSITE, DATAEDUCATION.COM (“Site”). READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PRIVACY POLICY OF DATAEDUCATION.COM ARE REQUIRED CONSIDERATIONS FOR DATA EDUCATION GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH THE SITE.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THE SITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THE TERMS OF USE AGREEMENT AND THE DATA EDUCATION PRIVACY POLICY.

DATA EDUCATION RESERVES THE RIGHT TO DENY ACCESS TO THE SITE TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY WE ARE ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR OTHER USES.

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors”, “Visitor”, “You”, or “Your”, are parties to this agreement. The Site and its owners and/or operators are parties to this agreement. Visitors are solely responsible for compliance with these terms and all applicable laws and regulations.

Use License
Visitors are permitted to access the Site in their web browser for personal, non-commercial transitory viewing only. This includes temporarily caching of those materials, including CSS, (X)HTML, JavaScript, XML, graphical and multimedia content necessary for normal viewing via an unaltered commercial web browser employing default settings. This is the grant of a license, not a transfer of title. Unless you have entered into an express written contract with Data Education to the contrary, Visitors have no right under this license to:

  • Modify, save or copy;
  • Use for any commercial purpose, any public display (commercial or non-commercial) or any other form of reproduction, archiving or dissemination (e.g. broadcasting, printing, publishing, selling);
  • Attempt to decompile or reverse engineer;
  • Remove any copyright or other proprietary notations; or
  • Transfer to another person or “mirror” on any other server;

the aforementioned materials and, including but not limited to, content and intellectual property, databases, software and scripts, invisible pages, linked pages, underlying code or any portion thereof contained on Our servers or within the DataEducation.com domain.

By viewing the contents of this website the Visitor agrees to this condition of viewing and acknowledges that any unauthorized use is unlawful and may subject them to civil or criminal penalties. The Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. The Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

This license shall automatically terminate if You violate any of these restrictions and may be terminated by Data Education at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in your possession whether in electronic or printed format.

The Visitor agrees to use the Data Education website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue or operation within the Site. You shall not use the Data Education website to send unsolicited commercial communications.

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide You with a username and password for you to access restricted areas of our website, You are obligated to keep both Your username and password confidential.

Hyper-linking, Co-Branding, Framing and Referencing the Site
Unless expressly authorized by Data Education, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding, content or copyrighted material) to theirs for any reason. Further, You are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are You allowed to frame the site. The Visitor specifically agrees to cooperate with the Data Education to remove or de-activate any such activities and be liable for all damages. The Visitor hereby agrees to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

Submissions
The Visitor agrees as a condition of viewing, that any communication between the Visitor and the Site is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any content in the submission, shall become the exclusive property of Data Education and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate information to the Site that it wishes to forever allow Data Education to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

Third Party Sites and Information
Data Education has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of that website or their endorsement of Us. Use of any such linked web site is at your own risk.

The Site may include links to other websites that are owned and operated by online merchants and other third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party site. The Visitor’s use of third-party sites is subject to the terms of use and privacy policies of each individual site, and we are not responsible for any such terms.

While Data Education makes every effort to ensure that the information on Our website is accurate, We make no warranties or representations whatsoever with regard to any product, service or information offered by any online merchant or other third party, including such information that may be provided on the Data Education website. You acknowledge that any reliance on representations and warranties provided by any third party shall be at your own risk.

Copyrights and Trademarks
All content included in or available on the Site, including site design, text, graphics, code, software, interfaces and the selection and arrangements thereof, or any other form of intellectual property is copyright Data Education, with all rights reserved, and is protected by applicable copyright and trademark law. Any use of materials on the Site, including reproduction for purposes other than those previously noted, archiving, modification, distribution, replication, any form of data mining or extraction or other commercial exploitation of any kind, without prior written permission from Data Education is strictly prohibited.

Data Education, DataEducation.com, and Data Heads, are proprietary marks of Data Manipulation Group, Inc. Data Education trademarks may not be used in connection with any product, service, website or other information or communication that is not provided by Data Education and shall not be used in any manner that can cause confusion among customers or disparages or discredits Data Education or any of its website properties.

All other trademarks, service marks and proprietary marks displayed on the Data Education Site are property of their respective owners and do not constitute any endorsement or recommendation of those third parties by Data Education. In addition, use of such marks is not intended to imply, directly or indirectly, that those third parties endorse or recommend Data Education or have an operating agreement or affiliation with Data Education.

Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Data Education designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: 15 Lincoln St. Suite 226, Wakefield, MA 01880
By Telephone: 617-285-7059
By Email: info [at] dataeducation [dot] com

Disclaimers
The Site and the materials contained herein are provided by Data Education on an “as is” and “as available” basis. We shall have no liability for any interruptions in the use of this website, nor do We guarantee continuous, uninterrupted or secure access to DataEducation.com. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Data Education does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. The materials appearing on the Data Education web site could include technical, typographical, or photographic errors. Data Education does not warrant that any of the materials on its web site are accurate, complete, or current. We may make changes to the materials contained on this web site at any time without notice. Data Education does not, however, make any commitment to update the materials.

Data Education assumes no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Further, Data Education makes no warranty that downloads from the Site are free of corrupting computer codes, including but not limited to spyware, viruses and worms. The Visitor downloads information, views and interacts with the Site, banners, pop-ups or advertising displayed thereon, at their own risk.

Limitation of Liability
In no event shall Data Education be liable for any damages whatsoever including but not limited to any special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue, loss of data, loss of use, business interruption, injury or death arising out of the use, misuse, or inability to use the Data Education website or the materials and information contained therein or obtained therefrom, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if Data Education or a Data Education authorized representative has been advised of the possibility of such loss or damages.

By viewing, using, or interacting in any manner with the Site, including banners, advertising, pop-ups, or downloads, and as a condition of the Site to allow their lawful viewing, the Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, personal, business or financial in nature.

Indemnification
You agree to indemnify and hold Data Education, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim, suit or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Data Education website, associated content and services, violation or breach of this Agreement, infringement of intellectual property or any other right of any person or entity, or any other act or omission by You.

Notice
No additional notice of any kind for any reason is due the Visitor and the Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

Governing Law
The Data Education website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representations that Our website or other services are appropriate, legal or available for use in other locations. Visitors who access the Site agree that the applicable law to be applied shall, in all cases, be that of the Commonwealth of Massachusetts.

Visitors assume all knowledge of applicable law and are responsible for compliance with any such laws. Visitors may not use this website or any content, service, product or software in any way that violates applicable local, state, federal or international laws, regulations or other government requirements. Visitors further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation.

Any claim relating to the Data Education web site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

Disputes
Visitors agree to use binding arbitration for any claim, dispute, or controversy (“Claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to purchases, products and services, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county in which Data Education is located.

In no case shall Visitors have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and Venue
If any matter concerning purchases, products and services, including solicitation issues, privacy issues, and terms of use issues against Data Education shall be brought before a court of law, pre- or post-arbitration, the Visitor agrees that the sole and proper jurisdiction to be the state and city declared in Data Education’s contact information listed on the Site unless otherwise specified in this Agreement. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the aforementioned contact information.

Mergers and Acquisitions
The Visitor agrees that this Agreement and any other agreements referenced herein may be assigned by Data Education, at our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to the Visitor’s use of the Data Education website, content, products, services or any business relationships with Data Education. By accepting this Agreement, You are consenting to the potential use and disclosure of your personally identifiable information and other practices as described in our Privacy Policy.

Modifications to This Agreement
We reserve the right, at any time, to modify, alter, or update this Terms of Use agreement without prior notice. Modifications shall become effective immediately upon being posted on the Data Education website. Visitors have an affirmative duty, as part of the consideration for permission to view the Site, to keep themselves informed of changes. Your continued use of the Data Education website after amendments are posted constitutes Your acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.