AGREEMENT BETWEEN USER AND Data Springs Inc. - DotNetNuke Modules
The Data Springs Inc. - DotNetNuke Modules Web Site is comprised of various Web
pages operated by Data Springs Inc. - DotNetNuke Modules.
The Data Springs Inc. - DotNetNuke Modules Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Data Springs Inc. - DotNetNuke Modules Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Data Springs Inc. - DotNetNuke Modules
reserves the right to change the terms, conditions, and notices under which the
Data Springs Inc. - DotNetNuke Modules Web Site is offered, including but not limited to the
charges associated with the use of the Data Springs Inc. - DotNetNuke Modules Web Site.
LINKS TO THIRD PARTY SITES
The Data Springs Inc. - DotNetNuke Modules Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Data Springs Inc. - DotNetNuke Modules and Data Springs Inc. - DotNetNuke Modules is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Data Springs Inc. - DotNetNuke Modules is not responsible for webcasting or any other form of
transmission received from any Linked Site. Data Springs Inc. - DotNetNuke Modules is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Data Springs Inc. - DotNetNuke Modules of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
Data Springs Inc. - DotNetNuke Modules Web Site, you warrant to Data Springs Inc. - DotNetNuke Modules that you will not
use the Data Springs Inc. - DotNetNuke Modules Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Data Springs Inc. - DotNetNuke Modules Web Site in any manner which could damage, disable,
overburden, or impair the Data Springs Inc. - DotNetNuke Modules Web Site or interfere with any
other party's use and enjoyment of the Data Springs Inc. - DotNetNuke Modules Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Data Springs Inc. - DotNetNuke Modules Web
Sites.
USE OF COMMUNICATION SERVICES
The Data Springs Inc. - DotNetNuke Modules Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the Communication
Services.
-
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
-
Violate any applicable laws or regulations.
Data Springs Inc. - DotNetNuke Modules has no obligation to monitor the Communication Services.
However, Data Springs Inc. - DotNetNuke Modules reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
Data Springs Inc. - DotNetNuke Modules reserves the right to terminate your access to any or
all of the Communication Services at any time without notice for any reason
whatsoever.
Data Springs Inc. - DotNetNuke Modules reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Data Springs Inc. - DotNetNuke Modules's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Data Springs Inc. - DotNetNuke Modules
does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Data Springs Inc. - DotNetNuke Modules specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized Data Springs Inc. - DotNetNuke Modules spokespersons, and their
views do not necessarily reflect those of Data Springs Inc. - DotNetNuke Modules.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO Data Springs Inc. - DotNetNuke Modules OR POSTED
AT ANY Data Springs Inc. - DotNetNuke Modules WEB SITE
Data Springs Inc. - DotNetNuke Modules does not claim ownership of the materials you provide
to Data Springs Inc. - DotNetNuke Modules (including feedback and suggestions) or post, upload,
input or submit to any Data Springs Inc. - DotNetNuke Modules Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Data Springs Inc. - DotNetNuke Modules, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Data Springs Inc. - DotNetNuke Modules is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in
Data Springs Inc. - DotNetNuke Modules's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Data Springs Inc. - DotNetNuke Modules WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Data Springs Inc. - DotNetNuke Modules
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Data Springs Inc. - DotNetNuke Modules
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Data Springs Inc. - DotNetNuke Modules WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
Data Springs Inc. - DotNetNuke Modules AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Data Springs Inc. - DotNetNuke Modules
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Data Springs Inc. - DotNetNuke Modules
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Data Springs Inc. - DotNetNuke Modules
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Data Springs Inc. - DotNetNuke Modules WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE Data Springs Inc. - DotNetNuke Modules WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Data Springs Inc. - DotNetNuke Modules WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE Data Springs Inc. - DotNetNuke Modules WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Data Springs Inc. - DotNetNuke Modules OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Data Springs Inc. - DotNetNuke Modules
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Data Springs Inc. - DotNetNuke Modules WEB SITE.
SERVICE CONTACT : cnash@datasprings.com
TERMINATION/ACCESS RESTRICTION
Data Springs Inc. - DotNetNuke Modules reserves the right, in its sole discretion, to terminate
your access to the Data Springs Inc. - DotNetNuke Modules Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the Data Springs Inc. - DotNetNuke Modules Web Site. Use of the Data Springs Inc. - DotNetNuke Modules
Web Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Data Springs Inc. - DotNetNuke Modules as a result
of this agreement or use of the Data Springs Inc. - DotNetNuke Modules Web Site. Data Springs Inc. - DotNetNuke Modules's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Data Springs Inc. - DotNetNuke Modules's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Data Springs Inc. - DotNetNuke Modules Web Site or information provided
to or gathered by Data Springs Inc. - DotNetNuke Modules with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Data Springs Inc. - DotNetNuke Modules
with respect to the Data Springs Inc. - DotNetNuke Modules Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Data Springs Inc. - DotNetNuke Modules with respect to the Data Springs Inc. - DotNetNuke Modules
Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Data Springs Inc. - DotNetNuke Modules Web Site are: Copyright 2005 - 2011 by Data Springs, Inc.
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement.
REFUND POLICY
Data Springs, Inc. will provide refunds within 30 days of purchase if a significant
bug or issue is found. We encourage all customers to review documentation
and preview modules at www.betasprings.com BEFORE purchase. We also have trial
versions for several of our modules that are available
before purchase. We do not issue refunds or credits for any packages that
include source code.