By using the DataDoctor.com web site ("Service"), a service provided by DataDoctor. ("DataDoctor"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
DataDoctor reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The latest version of the Terms of Service is available at any time at: http://datadoctorit.com/terms-of-service/
Violation of any of the terms below will result in the termination of your Account. While DataDoctor prohibits such conduct & Content on the Service, you understand & agree that DataDoctor cannot be responsible for the Content posted on the Service & you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
DataDoctor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the DataDoctor website (DataDoctor.com) or the Service itself. DataDoctor shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. DataDoctor does not pre-screen Content, but DataDoctor and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You waive and shall not assert any claims or allegations of any nature whatsoever against DataDoctor, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither DataDoctor nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from DataDoctor or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to DataDoctor or any other Released Party's records, programs or Services.
In no event shall the aggregate liability of DataDoctor, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim. You shall defend, indemnify and hold harmless DataDoctor and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber, from your Customer's use of the Site and from the use of the Site by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customer's, User Content infringes the rights, including the intellectual property rights, of any third party.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
You understand that DataDoctor uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DataDoctor, or any other DataDoctor service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DataDoctor.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DataDoctor customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. DataDoctor does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
The failure of DataDoctor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DataDoctor and govern your use of the Service, superceding any prior agreements between you and DataDoctor (including, but not limited to, any prior versions of the Terms of Service).