DataPlant |Terms

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“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

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.

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

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

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.

●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

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

applicable laws or regulations or that otherwise may be in conflict with these

●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.

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

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

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.

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).

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

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.

All notices of copyright infringement claims should be sent to the copyright agent via

email at security@thedataplant.com.