Data America® Website Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY BEFORE ACCESSING THE DATA AMERICA WEB SITE (THE “SITE”).

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS SITE OPERATED BY ASHLYN CORPORATION D/B/A DATA AMERICA ("DATA AMERICA"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important Information About This User Agreement

You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Data America's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Policy frequently. This User Agreement is effective from the day you initially access the Site.

Acceptance of Contract Terms

This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and Data America. (References to "you" or "your" shall relate to a customer of Data America or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer). By visiting, browsing, shopping, accessing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Data America from time to time, do not use this Site. Law, including, but not limited to, United States copyright law and international treaties, protects the material provided on this Site. This Site is controlled and operated by Data America from its offices within the United States. Data America makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Florida without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Pinellas County, Florida to hear any such claims.

Access, Interference and Linking

Data America grants you a limited license to access and make personal use of the Site in your ordinary course of business for your review, selection, order preparation, support, and purchasing of products sold by Data America and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Data America. The license is non-transferable and non-exclusive.

The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Data America; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning. You may not decompile, disassemble, probe, or otherwise reverse engineer the Site, or any portion thereof.

Any unauthorized use terminates the license granted by Data America.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Data America, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Data America logo or other proprietary graphic or trademark as part of the link without express written permission.

Data America does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.

Use Restrictions

The copyright in all material provided on this Site is held by Data America or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Data America or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Data America's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All trademarks and registered trademarks are the sole property of their respective owners. Photographs are provided courtesy of respective manufacturers. Data America and the Data America logo are registered trademarks of Ashlyn Corporation. Copyright © 2001 Ashlyn Corporation.

Order Validity

You agree not to contest the validity or enforceability of orders placed via the Site under the provisions of any applicable law. All orders placed using your access codes will, for all purposes, be deemed to be in writing signed by you and will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form.

Limitation of Liability

Data America is licensing the Site “AS IS” and “AS AVAILABLE.” Your license of the Site is for use as a convenience for you in communicating with Data America. You accept total responsibility and risk for your use of the Site and your use of the Internet.

Data America HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Data America BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Data America OR A Data America AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You acknowledge that the Site provides you with significant benefit for no or a modest economic consideration. Your sole and exclusive remedy for any breach of this User Agreement by Data America shall be to terminate the User Agreement and the return of any license fee paid by you to Data America. 

THE SITE CONTAINS INFORMATION OBTAINED FROM MANUFACTURERS, PUBLISHERS AND OTHERS THAT INDUSTRY SOURCES BELIEVE TO BE RELIABLE AND ACCURATE, BUT Data America MAKES NO WARRANTY AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING ERRORS AND OMISSIONS, AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND RELIABILITY OF ALL OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION CONTAINED IN THE SITE.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site. 

Account and Password

You must enter a valid user ID and password (“access codes) to access the Site’s secure area. You are solely responsible for maintaining the confidentiality of your access codes and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Notify Data America immediately if you wish to have your access codes terminated or reissued. Do not disclose your access codes to anyone not authorized to act on your behalf. If you are under 18, you may use the Site only with a parent or guardian. Data America reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

Termination and Modification

Data America may elect, at its’ sole discretion, to update, modify, change, or terminate all or any part of the functionality available through the Site, including modification or termination of the ability to place orders or make inquiries at any time in the future. Data America may modify this User Agreement from time to time. Any amendments or modifications may be provided to you through on-line notice via this Site. You agree that the use of this Site after you have, or should have, received notice of modifications or amendments to this User Agreement will constitute acceptance of all such modifications or amendments. You agree upon termination of this User Agreement to immediately cease accessing the Site and to notify Data America of all applicable access codes that should be terminated. The secure areas of the Site contain confidential and copyrighted information of Data America and/or companies licensing Data America.

Indemnity

You agree to defend, indemnify and hold Data America and its directors, employees and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees related to or arising from: 1) negligent acts or omissions by you in connection with the use of the Site; 2) claims for infringement of patents arising from the use of the Site by you other than for its intended purpose; and 3) claims of copyright infringement resulting from the use of the Site by you for other than its intended purpose. 

Communications to Data America

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Data America for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Data America is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Data America or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Copyright Complaints

If you believe that your work has been utilized on this Site in a way that constitutes copyright infringement, please contact:

 Data America

146-A Dunbar Avenue

Oldsmar, FL  34677-2944

Telephone:  (813) 854-3577

Fax:  (847) 854-4398

E-mail:  webmaster@dataamerica.com

Disagreement with These Terms and Conditions

If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.