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Terms of Use
“Dataplant” Website Terms of Use
Last Modified: February 1, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Dataplant, Inc.
("Company," "we," or "us"). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, "Terms of Use"),
govern your access to and use of thedataplant.com, including any content, functionality
and services offered on or through thedataplant.com (the "Website"), whether as a guest
or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the
Website, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, found at thedataplant.com, incorporated herein by reference. If you do
not want to agree to these Terms of Use or the Privacy Policy, you must not access or use
the Website.
This Website is offered and available to users who are 18 years of age or older. By using
this Website, you represent and warrant that you are of legal age to form a binding
contract with the Company and meet all of the foregoing eligibility requirements. If you
do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
All changes are effective immediately when we post them. However, any changes to the
dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply
to any disputes for which the parties have actual notice on or prior to the date the change
is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means
that you accept and agree to the changes. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we
provide on the Website, in our sole discretion without notice. We will not be liable if for
any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection
are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your use of the
Website that all the information you provide on the Website is correct, current and
complete. You agree that all information you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive features on the
Website, is governed by our Privacy Policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy.
To access this Website and use the Services provided by the Company, you may be
required to provide the Company with information related to your organization,
demographics, and other relevant information. You may only use information provided
by the Company for the purpose of utilizing the Service on the Website and may not
otherwise download, use, or utilize the information provided from or about site users for
any other purpose. The provisions of these Terms of Use apply whether the information is
obtained directly through the Website, a portal on the Website, or through direct email
from the Company.
If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other
person with access to this Website or portions of it using your user name, password or
other security information. You agree to notify us immediately of any unauthorized
access to or use of your user name or password or any other breach of security. You also
agree to ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal information.
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We have the right to disable any user name, password or other identifier, whether chosen
by you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms of Use.
Subscriptions
The services provided by the Company are provided through a subscription model. At the
time of establishing an account on the Website, you will select a subscription option of
either monthly or annually. Subject to these Terms, you will have access to your data,
information, and the services provided by the Company for as long as you a continuously
subscribed to the service and Website. The following terms apply to either subscription
option:
All payments are nonrefundable. Should you wish to cancel after subscribing, you
will retain use of the Website and accompanying services until the end of your
chosen subscription period.
You may cancel your subscription by notifying the Company or choosing the
option to cancel your service after logging into your account on the Website.
All subscriptions will automatically renew using the payment method used when
subscribing unless canceled within the appropriate time frame prior to the
beginning of the next subsequent subscription period. In the event the Company is
unable to process payment from your payment method, additional attempts will be
made and you may be notified by the Company to update your payment
information prior to the cancellation of your service. For voluntary termination of
monthly subscriptions, notice of cancellation must be received by the Company at
least 15 days before the beginning of the next monthly period. For voluntary
termination of annual subscriptions, notice of cancellation must be received by the
Company at least 30 days before the beginning of the next monthly period. If you
fail to provide the Company with notice of voluntary termination of the services
before the applicable deadline, your service will be renewed for the subscription
model you previously chose (monthly or annually) and the payment method on
file with the Company will be charged for the applicable rate.
In the event of cancellation of service, whether voluntary or involuntary, your data
will be retained by the Company for a period of 30 days should you wish to restart
your subscription, but will be purged from the Company’s servers after that time.
During this 30 day period after cancellation of service, your data will not be
accessible by you and you will not have access to the service.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited
to all information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or other
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providers of such material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on our
Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for
display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your
own personal, non-commercial use and not for further reproduction, publication
or distribution.
If we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics
separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this
section, please address your request to: success@thedataplant.com.
If you print, copy, modify, download or otherwise use or provide any other person with
access to any part of the Website in breach of the Terms of Use, your right to use the
Website will cease immediately and you must, at our option, return or destroy any copies
of the materials you have made. No right, title or interest in or to the Website or any
content on the Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by these Terms
of Use is a breach of these Terms of Use and may violate copyright, trademark and other
laws.
Trademarks
The Company name and all related names, logos, product and service names, designs and
slogans are trademarks of the Company or its affiliates or licensors, whether currently
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registered or not. You must not use such marks without the prior written permission of the
Company. All other names, logos, product and service names, designs and slogans on this
Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of
Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which
does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material
without our prior written consent, including any "junk mail," "chain letter,"
"spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by using
e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment
of the Website, or which, as determined by us, may harm the Company or users of
the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party's use of the Website, including their
ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
Use any manual process to monitor or copy any of the material on the Website, or
for any other purpose not expressly authorized in these Terms of Use, without our
prior written consent.
Use any device, software or routine that interferes with the proper working of the
Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which
is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service
attack.
Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles,
forums, bulletin boards, and other interactive features (collectively, "Interactive
Services") that allow users to post, submit, publish, display or transmit to other users or
other persons (hereinafter, "post") content or materials (collectively, "User
Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of
Use.
Any User Contribution you post to the site will be considered non-confidential and
non-proprietary. By providing any User Contribution on the Website, you grant us and
our affiliates and service providers, and each of their and our respective licensees,
successors and assigns the right to use, reproduce, modify, perform, display, distribute
and otherwise disclose to third parties any such material according to your account
settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right
to grant the license granted above to us and our affiliates and service providers,
and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you
submit or contribute, and you, not the Company, have fully responsibility for such
content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any
User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole
discretion.
Take any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User
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Contribution violates the Terms of Use, including the Content Standards, infringes
any intellectual property right or other right of any person or entity, threatens the
personal safety of users of the Website or the public or could create liability for
the Company.
Disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their intellectual
property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no
reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose the identity or
other information of anyone posting any materials on or through the Website. YOU
WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR
LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website,
and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities described in
this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive
Services. User Contributions must in their entirety comply with all applicable federal,
state, local and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual
property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under
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applicable laws or regulations or that otherwise may be in conflict with these
Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset,
embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any
person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other
sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our {Privacy
Policy for instructions on sending us a notice of copyright infringement. It is the policy of
the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website, or by anyone who may be informed of any of
its contents.
This Website may include content provided by third parties, including materials provided
by other users, bloggers and third-party licensors, syndicators, aggregators and/or
reporting services. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to you or any third party, for the content or
accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be out of date
at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
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All information we collect on this Website is subject to our Privacy Policy. By using the
Website, you consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a link
in such a way as to suggest any form of association, approval or endorsement on our part
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this
Website.
Send e-mails or other communications with certain content, or links to certain
content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to
the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by,
for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content
accessible, must comply in all respects with the Content Standards set out in these Terms
of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice
in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources, and accept no responsibility for them or for
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any loss or damage that may arise from your use of them. If you decide to access any of
the third party websites linked to this Website, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We
provide this Website for use globally. However, we make no claims that the Website or
any of its content is accessible or appropriate outside of the United States. Access to the
Website may not be legal by certain persons or in certain countries. If you access the
Website from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any reconstruction of any
lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES
OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors
and service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of these Terms of
Use or your use of the Website, including, but not limited to, your User Contributions,
any use of the Website's content, services and products other than as expressly authorized
in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual disputes or
claims), shall be governed by and construed in accordance with the internal laws of the
State of Delaware without giving effect to any choice or conflict of law provision or rule
(whether of the State of Delaware or any other jurisdiction).
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Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United States or the
courts of the State of Delaware, in each case located in the City of New York and County
of New York, although we retain the right to bring any suit, action or proceeding against
you for breach of these Terms of Use in your country of residence or any other relevant
country. You waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from
these Terms of Use or use of the Website, including disputes arising from or concerning
their interpretation, violation, invalidity, non-performance, or termination, to final and
binding arbitration under the Rules of Arbitration of the American Arbitration
Association applying Delaware law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of the Company to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and Dataplant, Inc. with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Dataplant, Inc.
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All notices of copyright infringement claims should be sent to the copyright agent via
email at security@thedataplant.com.
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