Effective Date: January 1, 2011
To review material modifications and their effective dates scroll to the bottom of the page.
1.Privacy Statement; Collection of Personal Information
Decisive Analytical Solutions ("DAS") owns and operates this website business. All references to "we", "us", this "website" or this "site" shall be construed to mean DAS.
3. Collection of Anonymous, Passive Information
We reserve the right to monitor your use of this site. As you navigate through this site, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). The following is a listing and a brief explanation of passive information collection methodologies which we may use from time to time to better understand how this site is being used.
A "cookie" (also known as a "browser cookie") is a text file that this site sends to your browser in the form of a text file The information generated by the cookie about your use of this site (including your IP address) will be transmitted to and stored. Most browsers automatically accept cookies, but they usually can be modified to decline cookies if you prefer; however, certain features of this site might not work without cookies.
"Session" cookies are temporary bits of information that are used to improve navigation, block visitors from providing information where inappropriate (the site "remembers" previous entries of country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your Web browser or otherwise turn off your computer.
"Persistent" cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided, helping to determine what areas of the site you may find most valuable, and customizing the site based on your preferences on an ongoing basis. Persistent cookies placed by this site in your computer do not hold personal information.
You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
An Internet Protocol (IP) address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in many cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). The IP address can be used to diagnose problems with a server, report aggregate information, determine the fastest route for your computer to use in connecting to a site, and administer and improve the site.
"Internet tags" (also known as Web Beacons, single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) tell the website server information such as the IP address and browser type related to the visitor's computer. Tags may be placed both on online advertisements that bring people to the site and on different pages of the site. Such tags indicate how many times a page is opened and which information is consulted.
"Navigational data" (log files, server logs, and clickstream data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.
4.Use and Sharing of Anonymous, Passive Information
This site may make full use of passively collected anonymous information, including without limitation the right to use such information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve this site for your use. We reserve the right to share this anonymous, passive information in aggregated form.
5.3rd Party Cookies for Web Analytics
We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect anonymous, passive information about your use of this site (see explanation of cookies in Collection of Anonymous, Passive Information above). We may use this information for the purpose of evaluating your use of this site, compiling reports on website activity, and providing other services. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect anonymous, passive information about your use of this site (see explanation of cookies in Collection of Anonymous, Passive Information above). We may use this information for the purpose of evaluating your use of this site, compiling reports on website activity, and providing other services. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.
6.3rd Party Cookies for Serving Behavioral Ads; Flash Cookies
6.1 We reserve the right to serve our ads and third party ads on our site that are targeted to your interests ("3rd Party Behavioral Ads"). 3rd Party Behavioral Ads are served by 3rd party advertising services that use 3rd party cookies (cookies passed by others, not by us) to collect anonymous, passive information about your use of this site and other websites (see explanation of cookies in Collection of Anonymous, Passive Information above). This information is your “behavioral data”. 3rd Party Behavioral Ads do not use your personal information. Instead, they associate your behavioral data on visited sites with your computer, so that the ads your computer sees on this site are more likely to be relevant to your interests. These advertising services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.
The 3rd party advertising services that serve ads on our site may use Flash cookies. Flash cookies are not the same as “browser cookies” (see explanation of cookies in Collection of Anonymous, Passive Information above). Flash cookies consist of an Adobe Flash Media Player local shared object (LSO) that is used for tracking purposes. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie will automatically create (or re-spawn) a replacement for the browser cookie. For information on how to delete a Flash cookie, visit http://kb2.adobe.com/cps/526/52697ee8.html or search the Web for “How to delete flash cookie”.The 3rd party advertising services that serve ads on our site may use Flash cookies. Flash cookies are not the same as “browser cookies” (see explanation of cookies in Collection of Anonymous, Passive Information above). Flash cookies consist of an Adobe Flash Media Player local shared object (LSO) that is used for tracking purposes. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie will automatically create (or re-spawn) a replacement for the browser cookie. For information on how to delete a Flash cookie, visit http://kb2.adobe.com/cps/526/52697ee8.html or search the Web for “How to delete flash cookie”.
7.Participation in Google’s Adsense Network
We reserve the right to participate in Google's AdSense network for purposes of serving 3rd Party Behavioral Ads (see 3rd Party Cookies for Serving Behavioral Ads above). Google uses DoubleClick's DART cookie in its AdSense network. You may opt out of the use of the DART cookie. For information regarding how to opt out, go to http://www.google.com/privacy_ads.html .
8.Collection of Personal Information
We will ask you for personal information when you sign up for any specific benefit or purpose that requires registration. Personal information that we collect may vary with the each registration, and it may include one or more of the following categories: name, an email address,Location,Date of birth, Gender.
We do NOT tie or link your personal information to anonymous, passive information with persistent identifiers. For example, we would not tie or link your email address (personal information) with information collected by a cookie regarding the length of time you visit our site (anonymous, passive information).
9.Use And Sharing of Personal Information
General Policy And Exceptions. Our general policy (subject to the exceptions listed below) is that we will use your personal information only for: the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site, and we will not share, sell, or rent your personal information to others. The only exceptions to this general policy: (i) are described in the subsections below, and
(ii) if you explicitly approve through our site.
9.1 Affiliates And Service Providers
9.2 Acquisition; Bankruptcy
In the event that we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer such information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer such information to protect our rights or as required by law.
9.3 Enforcement; Legal Process
We reserve the right to transfer such information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary
(i) to satisfy any applicable law, regulation, legal process or enforceable governmental request, or
(ii) to investigate or enforce violations of our rights or the security of this site.
10.Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of personal information outside your country of residence to any such location.
11.Security of Personal Information
We follow reasonable and appropriate industry standards to protect your personal information and data. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
12.Changing And Updating Personal Information
Upon request, we will permit you to request or make changes or updates to your personal information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your personal information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
13.Email From This Site; Opt-Out Rights
If you supply us with your e-mail address you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services or upcoming events. If you prefer not to receive periodic email messages, you may opt-out by following the instructions on the email.
14.Links To Other Sites Including Online Ads
This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. Any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
15.Children's Online Policy
We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under "Contact Us", and be sure to include in your message the same login information that your child submitted.
16.Email And Other Messages Through This Site; ECPA Notice
This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits this site's limited ability to intercept and/or disclose electronic messages, for example
(i) as necessary to operate our system or to protect our rights or property,
(ii) upon legal demand (court orders, warrants, subpoenas), or
(iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
Decisive Analytical Solutions
53/B , 1st Cross ,2nd Main, Dollar Layout,, J.P Nagar 4th phase,
Bangalore,India, ___, 560078
Material Modifications Since January 1, 2011: none.
Copyright © 2001-10 Digital Contracts, Inc. (http://www.digicontracts.com/). All Rights Reserved (this is not a Creative Commons license). This document is licensed only for use by the owner of this website. Copying or use of this document in whole or in part by anyone other than the licensee is prohibited.
/***Instructions For Privacy-Security Agreement: this agreement is not posted on the website; it should be filed with the your legal records.***/
WEBSITE PRIVACY AND SECURITY ADDENDUM
THIS AGREEMENT is entered into as of January 1, 2011 ("Effective Date"), by and between Decisive Analytical Solutions, a __________ limited liability company with its principal office located at 53/B , 1st Cross ,2nd Main, Dollar Layout,, J.P Nagar 4th phase,, Bangalore,India, ___ 560078 ("DAS"), and Decisive Analytical Solutions, a __________ limited liability company with its principal office located at 53/B , 1st Cross ,2nd Main, Dollar Layout,, J.P Nagar 4th phase,, Bangalore,India, ___ 560078 ("DAS").
WHEREAS, DAS and DAS have entered into a certain Website Hosting Agreement under which DAS has agreed to provide website hosting services ("Services") to DAS in connection with DAS’s weedioh.com website ("Site"); and
WHEREAS, DAS and DAS desire to amend the Website Hosting Agreement with this Addendum in order to provide for the privacy and security of personal information on the Site such as personal names, email addresses, physical addresses, and/or transactional information;
NOW, THEREFORE, in consideration of the foregoing, and in reliance on the mutual agreements contained herein, the parties agree as follows:
1.Amendment of Website Hosting Agreement
The Website Hosting Agreement is hereby amended to include the terms and conditions of this Addendum. Any and all terms and conditions hereof which are new or additional terms shall be included in the Website Hosting Agreement. If any terms or conditions of this Addendum are inconsistent or conflict with the terms and conditions of the Website Hosting Agreement, this Addendum shall control. Except as amended by this Addendum, the Website Hosting Agreement remains unchanged and in full force and effect.
2.Right of Access to Server
The parties agree that DAS has the right to access the internals of the Site for purposes of performing the Services.
DAS acknowledges that the Site may contain personal information of DAS's personnel, customers, suppliers, and partners. DAS may access the Site only for the purpose of performing the Services and shall protect such personal information from disclosure to third parties, using the same degree of care used to protect its own proprietary information of like importance, but in any case using no less than a reasonable degree of care. DAS may authorize access to the Site only to its employees who have a need to know and who are bound by signed, written agreements sufficient to enable DAS to enforce all the provisions of this Agreement. DAS shall not use or disclose any such personal information for DAS's own benefit or for the benefit of any third party.
The parties hereby agree that any breach of any provision of this Agreement regarding privacy or security would constitute irreparable harm for which there is no adequate remedy at law, and that the non-breaching party shall be entitled to specific performance and/or injunctive relief in addition to other remedies available at law or in equity.
This Agreement shall become effective as of the Effective Date and will continue for so long as DAS continues to provide the Services for the Site.
(i) is the complete agreement of the parties concerning the subject matter hereof and supersedes any prior such agreements with respect to further disclosures on such subject matter;
(ii) may not be amended or in any manner modified except in writing signed by the parties; and
(iii) shall be governed and construed in accordance with the laws of the State of State of Karnataka, India without regard to its conflict of law provisions. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed below.
Decisive Analytical Solutions
/***Instructions For MEMBERSHIP AGREEMENT: with the scroll box method of "click-wrapped" agreement presentation, the agreement should be presented electronically to the user as part of the registration process. A significant portion of the agreement should be visible in the box in order to provide conspicuous notice to the user of a legal agreement. The user should not be permitted to continue with registration until there is an acceptance that is indicated by checking the "I ACCEPT" checkbox (or by clicking on an "I ACCEPT" button). In order to require the user to make an affirmative action to indicate acceptance, the checkbox for "I ACCEPT" should either be presented unchecked, or if there is a checkbox for "DECLINE" (instead of a button), it should be checked as the default choice. For an example of a scroll box presentation, go to http://digicontracts.com/free/scrollbox.aspx.***/
DECISIVE ANALYTICAL SOLUTIONS ("DAS") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN DAS IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
Effective Date: January 1, 2011
To review material modifications and their effective dates scroll to the bottom of the page.
The parties to this legal Agreement are you, and the owner of this weedioh.com website business, DAS. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean this weedioh.com website business and DAS.
3.Modification of Agreement
We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
Memberships are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.
Membership services include online lead generation platform
Create a video landing page
Increasing Page Relevance and Monetization
Increase your organic search ranking
Publish video for Devices
("Services"). We reserve the right to update and modify the Services from time to time.
6.Membership Use And Restrictions
You will be granted a single login ID and password for each membership that you purchase, and your access and use the Services will be limited to one person at a time per ID and password. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content; or (iii) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device.
You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
The term of your membership shall be specified during the registration process. After the expiration of this term, you may purchase another membership in accordance with the terms and conditions posted at this site.
You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following:
(i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or
(ii) requests by law enforcement or other government agencies.
Termination of your account includes
(i) removal of access to all Services, and
(ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.
10.Your Account-Related Responsibilities
You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.
Initially, membership services are offered free of charge. However, we reserve the right to charge membership fees upon notice to you in the future. If you elect to pay membership fees, fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site or in this Agreement. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to enforce the payment, including without limitation, suspension or termination of your subscription license.
12.License Grant For Content
Subject to the terms of this Agreement, you are granted non-exclusive rights to download and use the Content available for download from this website ("Content") only for (i) use for your internal business purposes and not for third parties, or (ii) use in your professional law practice if you are a licensed attorney at law.
13.Restrictions For Content.
You may copy the Content for archival purposes, provided that any copy must contain the original Content's proprietary notices in unaltered form. You shall not:
(i) permit others to use the Content;
(ii) modify or translate the Content;
(iii) merge the Content with another product;
(iv) remove or obscure any proprietary rights notices or labels on the Content;
(v) resell, sublicense, or use the Content for any commercial use or purpose.
14.License Grant for Software
Subject to the terms of this Agreement, You are granted non-exclusive rights to install and use the software downloadable from this website ("Software") only for purposes of generating Content for use only as provided herein.
15.Restrictions For Software
You may use the Software only in accordance with either one of the following, but not both:
(i) by a single person who uses the Software only on one or more computers, workstations, or Internet devices, or
(ii) as installed on any single computer, workstation, or Internet device, provided the single computer, workstation, or Internet device is used non-simultaneously by multiple persons. You may copy the Software for archival purposes, provided that any copy must contain the original Software's proprietary notices in unaltered form. You shall not:
(i) permit others to use the Software;
(ii) modify or translate the Software;
(iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law;
(iv) create derivative works based on the Software;
(v) merge the Software with another product;
(vi) copy the Software, except as expressly provided above; or
(vii) remove or obscure any proprietary rights notices or labels on the Software.
We shall answer questions by email,Web Chat and telephone during our normal business hours regarding the use of the Services.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT:
(A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
(B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR
(C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18.Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU, IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination as our affiliate.
20.Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Registration is required for you to establish an account at this site. You agree
(i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and
(ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to
(i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and
(ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
23.How We Treat Postings To This Site
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
26.Privacy And Security
We may give notice to you by means of
(i) a general notice in your account information,
(ii) by electronic mail to your e-mail address on record in your Registration Data, or
(iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by confirmed facsimile to us at the following fax number, 08065470547; or (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Decisive Analytical Solutions, 53/B , 1st Cross ,2nd Main, Dollar Layout,, J.P Nagar 4th phase,, Bangalore,India, ___ 560078, in either case, addressed to the attention of "President of the Company". Notices will not be effective unless sent in accordance with the above requirements.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Bangalore, India, and may be conducted by telephone or online. The arbitrator shall apply the laws of State of Karnataka, India to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
29.Jurisdiction And Venue
The courts of Bangalore,Karnataka,India shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
U.S. Government End-Users. The software for this site consists of "commercial items," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end-users of this site acquire only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following: License Restrictions, Warranty Disclaimer, Limitation of Liability, Privacy And Security, Notices, Arbitration, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.
(i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and
(ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.
Material Modifications Since January 1, 2011: none.