Terms and Conditions
Welcome to the DataMax Services website located at www.datamaxservices.com (the "Site"). The Site is an Internet property of DataMax Services, Inc. ("DataMax Services," "we" or "us"). By using and/or accessing the Site, you agree to comply with and be bound by the following Terms and Conditions ("Terms and Conditions"), the DataMax Services Privacy Policy ("Privacy Policy") and any and all other supplemental terms and conditions or documents that may be published from time to time which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and DataMax Services with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements
The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
3. Description of the Site
Subject to the Terms and Conditions, DataMax Services provides users with access to information and data regarding online marketing, advertising services, mailing lists, and mailing services. You should be aware that these Terms and Conditions for this Site do not govern the websites of the various DataMax Services providers or the products and/or services offered by or through the various DataMax Services providers, therefore, you should review the applicable terms and conditions, rules and other policies of those websites. Unless explicitly stated otherwise, any future information or data made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that DataMax Services is not responsible or liable in any manner whatsoever for your inability to access and/or use the Site. Notwithstanding anything contained herein to the contrary, you understand and agree that DataMax Services reserves the right at any time to modify or discontinue, temporarily or permanently, the features of the Site with or without notice to you. If DataMax Services terminates the Agreement, DataMax Services shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with DataMax Services.
4. Privacy Policy
Use of the Site, and all comments, feedback, information, or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. For more information, please see our corporate Privacy Policy.
5. License Grant
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. DataMax Services may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. DataMax Services reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on DataMax Services infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. All trademarks appearing on the Site are the property of their respective owners. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DataMax Services is prohibited. The posting of information or material on the Site by DataMax Services does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Legal Warning
Any attempt by any individual, whether or not a DataMax Services customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and DataMax Services will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification
You agree to indemnify and hold harmless DataMax Services, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of DataMax Services, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties
THE SITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DATAMAX SERVICES MAKES NO WARRANTY THAT: (A) THE SITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR ANY OF THE PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE; (D) ANY RESULTS THAT MAY BE OBTAINED IN ASSOCIATION WITH ANY PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE SITE WILL BE ACHIEVED IN FULL OR IN PART BY USING SUCH PRODUCTS AND/OR SERVICES; AND/OR (E) THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DATAMAX SERVICES OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATAMAX SERVICES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DATAMAX SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY PERSONALLY IDENTIFIABLE INFORMATION ENTERED ON THE SITE; AND (D) ANY OTHER MATTER RELATING TO THE SITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON OR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DATAMAX SERVICES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DATAMAX SERVICES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE DATAMAX SERVICES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DATAMAX SERVICES. THE SITE AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE WITHOUT SUCH LIMITATIONS.
12. Third Party Websites
The Site may provide, or may refer you to, links to third party Internet websites and/or resources. Because DataMax Services has no control over such third party websites and/or resources, you hereby acknowledge and agree that DataMax Services is not responsible for the availability of such third party websites and/or resources. Furthermore, DataMax Services does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
13. Miscellaneous
The Agreement shall be treated as though it were executed and performed in Westlake Village, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and DataMax Services and governs your use of the Site superseding any and all prior and/or contemporaneous agreements between you and DataMax Services. To the extent that anything in or associated with the Site and/or any DataMax Services offering is in conflict or inconsistent with the Agreement. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact Us
If you have any questions regarding the Agreement, or would like more information from us, please contact us at info@datamaxservices.com.
