Welcome to Daten Technology Solutions!
These terms and conditions (these “Terms”), outline the rules and regulations for the use of this website, located at https://www.daten.com, including any related websites, mobile applications, services, and platforms (collectively, the “Site”). Throughout the Site and these Terms, the terms “we”, “us”, and “our” refer to DATEN Technology Solutions, LLC. and its affiliates (“DATEN Technology Solutions”). DATEN Technology Solutions offers the Site, including all information, tools, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. At this time, the Site is available for access to users located in North America only.
By accessing or visiting the Site, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or merchants.
Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of these Terms, which is a legally binding agreement between you and DATEN, then you may not access the Site or use any of its services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Site shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Cookies
We employ the use of cookies to collect and store certain general information which does not require any input on your part such as: type of browser, operating system, IP address, referral domain name. We use this data to improve your Site experience and direct you to our Terms and Conditions and Privacy Policy statements. By accessing the Site, you agreed to the use cookies in agreement with the DATEN Technology Solutions Privacy Policy.
License
Intellectual Property Rights / Use of the Site. The Site, along with any information, images, pictures, data, and any other items published or displayed on the Site is the property of DATEN Technology Solutions or its third party contributors (collectively, the “Company IP”). Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to the Company IP. You understand and agree that the Company IP and the Site are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, to the extent applicable. As a user of the Site, you are granted a worldwide, non-exclusive, non-transferable, revocable, personal, limited license to access and use the Site in accordance with these Terms and any terms of service or use of any third-party service provider. DATEN Technology Solutions may terminate, modify, edit, suspend, or restrict access to this license or other aspects of the Site at any time for any reason.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, access to the Site, or contact on the Site, without express written permission by us.
You must not:
- Republish material from the Site.
- Sell, rent or sub-license material from the Site.
- Reproduce, duplicate or copy material from the Site.
- Redistribute content from the Site.
A breach or violation of any of these Terms will result in an immediate termination of your use of or access to the Site.
Frames
Without prior approval and written permission, you may not create frames around the Site that alter in any way the visual presentation or appearance of the Site.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Modifications to the Site
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
Your Privacy and Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy. Please read our Privacy Policy.
Third Party Links
Certain content, products, and services available via the Site may include materials from third-parties. For example, we may provide links to job postings that are hosted by third parties (e.g., Dice.com) on the Site.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service or product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
Prohibited Uses
The content on the Site (the “Content”) is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, attempt to discern the code or underlying structure of, or create derivative works from the Site or the Content, including the underlying structure of any part, feature, function, or user interface of the Site or any Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without DATEN’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, or rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Content to any third party or use the Content to provide time sharing or similar services for any third party or otherwise make the Content available to, or use for the benefit of, anyone other than you. You may not use or otherwise export or re-export the Site, the Content or any portion thereof in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site or the Content is prohibited.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site or any of our product or service offerings at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. The foregoing disclaimer of warranties shall apply to the maximum extent permitted by applicable law.
IN NO CASE SHALL DATEN Technology Solutions, OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE-OF-EARNINGS, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DIMINUTION IN VALUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SITE, ANY FORCE MAJEURE EVENT (AS DEFINED BELOW), OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICES FROM DATEN Technology Solutions, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
Notwithstanding the foregoing, if DATEN Technology Solutions is found to be liable for anything related to the Site or its products or services, our liability to you or to any third party is limited to the lesser of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) the cost of the applicable product or service in dispute.
Indemnification
You agree to indemnify, defend, and hold harmless DATEN Technology Solutions and our members, parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. Except for the provisions for Disclaimer of Warranties; Limitation of Liability and Indemnification you may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).
Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to these Terms constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law
These Terms and any separate agreements whereby we provide you with any products or services shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The parties hereto hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in the State of California for the purposes of construing and enforcing these Terms.
Changes to Terms
You can review the most current version of these Terms at any time on the Site.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes your acceptance of those changes.
Digital Millennium Copyright Act of 1998 (DMCA)
DATEN Technology Solutions’ policy is to respond to claims of infringement in compliance with the DMCA. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, please complete the following DMCA notice and deliver it to DATEN Technology Solutions’ designated DMCA agent at the contact information provided below.
You must provide the following information in writing in your DMCA notice:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material that is claimed to be infringing and where it is located on the Site;
- Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and e-mail address;
- Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
- Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Deliver the DMCA notice, with the above information completed, to DATEN Technology Solutions’ designated DMCA agent at: Corporate@daten.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Force Majeure
Neither DATEN Technology Solutions nor any third party service provider shall be liable for failures or delays in delivery or in performance due to causes beyond its reasonable control, including but not limited to acts of God or civil or military authority, disease, epidemics, pandemics, war, invasion, riot, or other civil unrest, strikes, labor stoppages or slowdowns, or other industrial disturbances, flood, fire, explosion, governmental order or law, national or regional emergency, shortage of adequate power or transportation facilities, or any other event which is beyond the reasonable control of DATEN (collectively, “Force Majeure Event”).
Contact Information
Questions about these Terms should be sent to us (Attention: Legal Compliance Officer) at Corporate@daten.com
