Datavor
Terms Of Use
General
Datavor.com and, its subsidiaries and affiliates (collectively
"Datavor") provide you with access to this Web site
and the services available on this Web site, or other Web
sites as indicated below, (collectively, the
"Services," which will be defined more under the
Section, "Services."). Access to and use of the
Services is governed by these Terms of Use (the
"Agreement"). By accessing or using the Services,
you indicate your assent to be bound by the Agreement, and
your acknowledgment of and agreement to its terms.
Services
The Services include Datavor Search (located at http://www.datavor.com)
(the "Search Services"). The Services may also be
located on third party web sites and/or applications. Our
Search Services enable you to search the World Wide Web. We
provide you with search listings of advertisers of Datavor.com
(as well as search listings provided to Datavor.com by a third
party to supplement the advertiser listings) that help you
find what you are looking for.
The
Services act as a system or venue to introduce buyers and
sellers of goods and services and providers of information.
Datavor.com uses reasonable efforts to ensure the availability
of the information and content, including links that it makes
available through the Services. However, the Services are
composed of content not offered by Datavor. Datavor does not
control (i) the quality, safety or legality of items available
through or on its advertisers' Web sites or sites of third
parties not in privity of contract with Datavor, (ii) the
truth or accuracy or legality of the content from those
advertisers or those third parties (even if such content
appears on the Services), or (iii) the availability or
technical capabilities of their Web sites or links to those
Web sites. Datavor is not liable or responsible for content
supplied by third parties, or for actions you might take in
reliance on that content.
Nothing
contained in any of the Services is an offer or promise to
sell a specific product for a specific price or that any
advertiser will sell any product or service for any purpose or
price or on any specific terms. Datavor does not guarantee the
price, terms, product, availability and/or services offered by
any advertiser.
For all
of the Services, Datavor is not involved in any transactions
between you and any of its advertisers, and is not responsible
for, and does not guarantee the price or performance of any
goods, services or information provided by advertisers. If you
have a dispute with one or more advertisers, you agree to
release and hereby release Datavor (and Datavor's officers,
directors, agents, subsidiaries, affiliates, employees,
successors, assigns, content providers and service providers)
from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes. If applicable, you waive
California Civil Code section 1542, which says:
"A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Only
Personal Use is Authorized
Under this Agreement, Datavor gives you permission to access
and use the Services for your personal use, and to copy,
distribute and transmit the content of the Services only to
the extent that such copying, distribution, and transmission
is automatically done through your browser software
incidentally to using the Services for your personal use. You
may also print a copy of the information displayed on the
Services for your personal use. That means, that except as set
forth above, you may not modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative
works from, transfer or sell any information, products, or
service obtained by your use of the Services. This restriction
means, among other things, that you may not mirror on your own
Web site any portion of the Services or display through your
own Web site any results pages or other information from the
Services without Datavor express permission.
The
technology underlying, and content within, the Services is
owned by Datavor and/or its licensors (including Datavor
advertisers and other content providers) and is protected by
copyright and other intellectual property or proprietary
rights. If you use the Services other than as provided above,
you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be
subject to penalties. As between you and Datavor, Datavor owns
and retains all ownership of the technology underlying and
content within the Services, and reserves all rights not
explicitly granted to you in this Agreement.
Disclaimer
of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND. DATAVOR DISCLAIMS ANY WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Datavor’s
Potential Liability for the Services is Limited
NEITHER DATAVOR NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS,
CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICES. DATAVOR WILL NOT BE LIABLE FOR
ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES
OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES
INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY
OF DATAVOR, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Defamation,
Copyright and Trademark Claims
Datavor is a provider of an interactive computer services for
purposes of 47 U.S.C. section 230. As such, its liability for
others' conduct and information is limited as described
therein.
Further,
Datavor is a service provider pursuant to the Digital
Millennium Copyright Act. Pursuant to the Digital Millennium
Copyright Act, Datavor has designated an agent to receive
notifications of alleged copyright infringement on the
Services:
Business
and Legal Affairs
Datavor.com
11210 Steeplecrest Dr. #120
Houston, TX 77065
contact@datavor.com
In
notifying Datavor of alleged copyright infringement, you must
include the following information: A description of the
copyrighted work that is the subject of claimed infringement A
description of the infringing material and information
sufficient to permit Datavor to locate the alleged material
Contact information for you, including your address, telephone
number and/or email address, A statement by you that you have
a good faith belief that the material in the manner complained
of is not authorized by the copyright owner, or its agent, or
by the operation of any law, A statement by you, signed under
penalty of perjury, that the information in the notification
is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed, A physical or
electronic signature of the copyright owner or a person
authorized to act on the owner's behalf
Failure
to include all of the above-listed information may result in
the delay of the processing of your complaint. For more
information on the Digital Millennium Copyright Act please
visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Datavor
does not arbitrate or resolve trademark disputes among Datavor
advertisers or between those advertisers and third parties.
However, Datavor will promptly comply with an order of a court
of competent jurisdiction concerning a trademark issue.
Datavor occasionally receives requests to remove listings from
within the Services. Datavor reserves the right to address
such requests on a case-by-case basis.
Objectionable
Material
Datavor encourages you to use discretion when browsing the
Internet or using the Services. The Services may contain
information that you find objectionable, harmful, deceptive or
otherwise inappropriate, especially for children. To ensure
you do not receive offensive material, nevertheless, you must
install your own filtering software if you wish to limit the
content available through the Services.
If you
come across any site that you believe contains illegal
material, please contact contact@datavor.com
and we will contact the authorities as appropriate.
Privacy
and Data Collection
Datavor does not collect personally identifying information
from users of the Services unless users have explicitly given
such information to Datavor (for example, when becoming an
advertiser or an affiliate or member). Datavor information
practices are further described in its privacy policy.
Datavor privacy policy is part of this Agreement, and you
agree that use of data as described in the privacy policy is
not an actionable breach of your privacy or publicity rights.
If you have entered into another agreement with Datavor (such
as an Affiliate Agreement or an Advertiser Agreement), then
you may be subject to additional or different provisions
regarding privacy and data collection. If you would like more
information, please read our privacy policy.
You
should consider any communication that you transmit to Datavor
(such as data, questions or answers, comments, or suggestions)
as non-confidential, and agree that Datavor will not be liable
or responsible if information that belongs to you is
intercepted and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
Datavor reserves the right to change any information, features
and functions of the Services without prior notice. Datavor
may deny you access to all or part of the Services without
prior notice if you engage in any conduct or activities that
Datavor determines, in its sole discretion, violate this
Agreement, the rights of Datavor or any third party, or is
otherwise inappropriate.
Choice
of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of
Texas without regard to its conflict of law provisions.
Datavor failure to exercise or enforce any right or provision
of the Agreement will not be deemed to be a waiver of such
right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
Amendment
Datavor may amend this Agreement at any time by posting the
amended terms on its Web site. Except as stated below, all
amended terms are automatically effective after they are
initially posted. This Agreement may not be otherwise amended
except in a written document signed by you and Datavor.
Contacting
Us
If you have any questions about our site, this agreement, or
our general procedures, please contact:
Business and Legal Affairs
Datavor.com
11210 Steeplecrest Dr. #120
Houston,
TX 77065
contact@datavor.com
