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TERMS OF USE


This Terms of Use and Privacy Policy states the terms and conditions under which you may use DataScan Technologies, LLC's website located at www.DataScanTech.com and any services or information available through or on the website (collectively, the "Website"). If you do not accept the terms and conditions stated in this Terms of Use and Privacy Policy, do not access or use this Website. By using the Website, you are indicating your acceptance to be bound by the terms of this Terms of Use and Privacy Policy. DataScan Technologies, LLC ("DataScan") may revise this Terms of Use and Privacy Policy at any time by updating this page. You should visit this page periodically to review any changes to the Terms of Use and Privacy Policy because the terms and conditions herein are binding on you, even if they have changed from the last time you reviewed the Terms of Use and Privacy Policy. If at any time you find this Terms of Use and Privacy Policy unacceptable, you may no longer use the Website. The terms "you" and "user" as used herein refer to all individuals or entities accessing the Website for any reason.

Your Right to Access and Use the Website
The right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes and pursuant to the terms and conditions of this Terms of Use and Privacy Policy.

Any action by you that, as determined by DataScan, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying the Website shall not be permitted, and may result in your loss of the right to access and use the Website.

Registration and Passwords
In order to use the Website or certain parts of it, DataScan may require that you register and provide DataScan with certain contact information including, but not limited to, your name, mailing address and a valid email address ("User Information"). You acknowledge and agree that we may contact you at any time for any reason at any of the telephone or fax numbers, mailing addresses and e-mail addresses you submit and leave a message at such contact points if you are unavailable, even if you share these contact points with someone else. We are not responsible for communications that do not reach you or reach someone else due to spelling mistakes, typographical errors or other mistakes in your User Information. It is your responsibility to verify that your User Information is correct and accurate at all times.

You may also be asked to choose a password in order to access the Website in the future. You are responsible for maintaining the confidentiality of your password. You may not share your password with others. You are responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your User Information or password. If you forget your password and request another from us, we may send your new password to the e-mail address you submitted upon registration. Content on the Website which is accessible only through registration is confidential and shall be subject to the provisions of any confidentiality agreement you may have with DataScan.

Use of the Website
You may use the Website only in accordance with this Terms of Use and Privacy Policy. Specifically, but without limitation, you may not:
  1. violate or attempt to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, or by overloading, "flooding", "spamming", "mailbombing" or "crashing" the Website; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting;


  2. delete or revise any material posted by any other person or entity;


  3. interfere or attempt to interfere by using any device, software or routine with the proper working of this Website or any activity being conducted on or through the Website;


  4. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website;


  5. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;


  6. aggregate, copy or duplicate in any manner any of the materials or information available from the Website;


  7. frame of or link to any of the materials or information available from the Website; or


  8. take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure.


Privacy Policy
Because we recognize that privacy issues represent a growing concern for Internet users, this section explains what information we collect when you use the Website and how we use such information. At present, we collect anonymous data and personally identifiable data.

Anonymous data is data that cannot be traced back to specific users. This information is useful because it helps us to improve the user experience of our sites. We collect the visitor's IP address, as well as aggregated traffic statistics. We do not deploy cookies on any visitor's machines.

Personally identifiable data is data that tells us who you are - for example, your name or email address. We do not collect any personally identifiable data of yours unless you volunteer such information to us. If you contact us, we may keep a record of that correspondence. We only collect email addresses so that we may respond to users, and do not aggregate email addresses of those who communicate with us by email for commercial use without your prior consent. All personally identifiable data collected is for the sole and exclusive use of DataScan, its parent and affiliated companies, and their respective officers, directors, employees, contractors, agents and representatives. By providing DataScan with your personally identifiable data, you authorize it to internally share that information with its subsidiaries and affiliates and their officers, directors, employees, contractors, agents and representatives and to use that information for internal purposes. We do not make any personally identifiable information available to third-parties without your prior written express consent.

Monitoring
You understand that DataScan has no obligation to monitor the Website. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in DataScan's sole and absolute discretion are objectionable or in violation of this Terms of Use and Privacy Policy. You acknowledge that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the site, for operational and other purposes, subject to this Terms of Use and Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the site constitutes consent to such monitoring.

Intellectual Property Rights
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website, including, without limitation, "DataScan Technologies," and its respective logo, are Trademarks of DataScan or their rightful owners. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of DataScan or such third party owners of the Trademarks. No special association or relationship is intended by such use, and its use should not be construed as granting DataScan any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited. You are also advised DataScan will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The contents of the Website, including the "look" and "feel" of the Website, text, graphics, images, software, services, and other material and information on the Website, including data which is downloadable from the Website (collectively, the "Content") are protected by United States and foreign copyright and trademark law and treaties and are available for informational and non-commercial use only. The compilation (meaning the collection, arrangement and assembly) of all Content on the Website is the exclusive property of DataScan and is protected by U.S. and international copyright laws. You may not copy, share, transmit, reproduce, create, or use any derivative works from, transfer, or sell any content, text, graphics, images, software, services or other material and information obtained from the Website without the express written permission of DataScan, except that you may display and occasionally print a single copy of any page on the site for your personal, internal, non-commercial use. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from DataScan. You may not copy or adapt the HTML code that DataScan uses to create or generate the pages on the Website. All trademarks and service marks are the property of DataScan or their respective owners. Unauthorized use may violate copyright, trademark or other laws.

No Representations or Warranties Regarding Content
You assume all responsibility and risk for using the Website and/or the Content. The Website and the information provided on it are provided on an "as is" and "as available" basis, without warranties of any kind, either expressed or implied. DataScan disclaims any warranty that your use of the Website and/or the Content will be error free, or that any software, information, document or other material accessible from this Website is error free or free of viruses or other harmful elements. DataScan assumes no liability for lost data on the Website, even if input by you, or Content, or responsibility for the accuracy, completeness, or usefulness of any information, software, apparatus or process used or disclosed on this Website or any other material accessible from the Website.

Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL DATASCAN, ITS PARENT OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR RELIANCE ON ANY CONTENT OR DATA.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DATASCAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification
You promise not to sue DataScan and hereby waive any and all claims against DataScan from any liability whatsoever arising out of or related to your use of the Website and/or the Content, acts or omissions in response to your use of the Website and/or the Content, and acts or omissions of other users related to the Content or use of the Website. You agree to defend, indemnify and hold harmless DataScan, its parent and affiliated companies, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your breach of this Terms of Use and Privacy Policy, submission of Content or use of the Website and/or the Content. DataScan shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Enforcement
DataScan reserves the right to suspend or terminate access to the Website at any time or delete any Content at any time in its discretion. Indirect or attempted violations of this Terms of Use and Privacy Policy and actual or attempted violations by a third party on your behalf shall be considered violations of this Terms of Use and Privacy Policy by you. You agree that your access to and use of the Website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Florida. Jurisdiction for any claims arising under the Terms of Use and Privacy Policy or out of your use of the Website and/or Content lie exclusively with a court of competent jurisdiction located in Broward County, Florida or the Southern District of Florida, as appropriate, and you irrevocably consent to the jurisdiction of such court.

You acknowledge that DataScan may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Terms of Use and Privacy Policy by you, DataScan shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Terms of Use and Privacy Policy.

Links to Third Party Sites
The Website may contain links to third party Internet websites ("Linked Sites"). The Linked Sites are not under the control of DataScan and DataScan 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. DataScan is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is DataScan responsible if the Linked Site is not working appropriately. DataScan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DataScan of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Website.

Third Party Rights
This Agreement is for the benefit of DataScan, its parent, affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf.

Miscellaneous
If any portion of this Terms of Use and Privacy Policy is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Terms of Use and Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms of Use and Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Terms of Use and Privacy Policy are for convenience of reference only, are not to be considered a part of this Terms of Use and Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Terms of Use and Privacy Policy.

All covenants, agreements, representations and warranties made in this Terms of Use and Privacy Policy, as may be amended by DataScan from time to time, shall survive your acceptance of this Terms of Use and Privacy Policy.

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