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Before using this Web site, please read the
Terms of Use set forth below. By using this Web site you agree to be
bound by the Terms of Use. Data Drive Thru, Inc. and its affiliates and
subsidiaries ("We" or such conjugation thereof as the context may require)
reserve the right to review and revise the Terms of Use from time to time
without prior notice and, by using this site subsequent to any revision
of the Terms of Use, you agree to be bound by such changes. If you find
the Terms of Use to be unacceptable, you must immediately terminate your
use of this Web site. This Web site is made available for your personal,
non-commercial use only. You may not use this Web site to sell a product
or service, or to increase traffic to your Web site for commercial
reasons, such as advertising sales. You may not take the results from
any type of Web search and reformat and display them, or mirror the Web
site home page or results pages on your Web site. If you want to make
commercial use of the Web site, you must enter into an agreement with
Data Drive Thru, Inc. to do so in advance. Please contact us for more
information.
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1. No Representations Or Warranties
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The services provided on this Web site and the content,
information, documents, graphics and images published at this Web site
could include inaccuracies, typographical errors or other errors. We make
no commitment, however, to update what is contained in this Web site.
Furthermore, we reserve the right to temporarily, or permanently, modify,
alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB
SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH
WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this
Web site when making business, financial, personal or other decisions.
Furthermore, we do not endorse the opinions of third parties expressed
on this Web site or on linked Web sites.
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2. Privacy Policy
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The information that Data Drive Thru, Inc. obtains
through your use of our sites, is subject to our Privacy Policy.
That privacy policy contains terms and conditions that govern our collection
and use of the information you provide use and our respective rights
relative to that information. Please review our Privacy Policy before you
use our sites. Your use of our sites indicates an agreement to our
Privacy Policy.
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3. User Warnings/User Conduct
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We make certain services available, including without
limitation, messaging and notes through our customer care interface;
e-mail correspondence; provided that you agree to abide by the terms and
conditions contained in these Terms of Use. Without limiting the
generality of the foregoing, in consideration for our providing such
services, you also agree not to:
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
- Provide false information on your registration form or impersonate another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
- Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability to
you, ban you from any and all services, terminate your registration, delete your
messages or postings, and take any other action we deem appropriate in our sole
discretion. With reference to any services we provide, you acknowledge that we
may, from time to time, without notice to you and at our sole discretion,
establish various practices, limitations and restrictions for administering
such services, including without limitation: how often a service or account
may be accessed; the maximum number of days that messages or postings will be
retained; the maximum number of messages or postings allowed; the size and
nature of messages and postings; the maximum storage space available for an
account; and all other matters related to administration of services, and you
agree to be bound by such practices. You agree that we are not responsible or
liable for deactivation or deletion of accounts or for loss of e-mails,
communications, postings, data or information as a result of, or arising out of,
our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics, images,
information, advice, or opinion contained in any e-mails, message displays, and
do not endorse any advice or opinion contained therein. We do not monitor or
control such services, although we reserve the right to do so. We may take any
action we deem appropriate, in our sole discretion, to maintain the high quality
of our service and to protect ourselves and others.
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4. Web Site Links And Third-Party Sites
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This Web site may contain links to other Web sites which
are independent of this Web site. We make no representation or warranty
as to the accuracy, value, integrity, completeness or authenticity of the
information or opinions contained in any such linked Web site, and any
link to another Web site shall not in any manner be construed as an
endorsement by us of that Web site, or of the products or services
described therein.
Furthermore, these links may lead to sites or links that contain
offensive and objectionable content or which may contain dangerous
computer viruses. You assume, and we hereby disclaim, all responsibility
for any of the content on these sites or for any damage sustained by
users of these sites.
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5. Confidentiality
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Your confidential use of this site cannot be guaranteed
by us. We shall not be responsible for any harm that you or any person may
suffer as a result of a breach of confidentiality in respect to your use of
this site.
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6. Security
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You may have an account and password. You are
responsible for maintaining the confidentiality of your password and
account information and are fully responsible for all conduct carried
out under this password and account. We are not liable for any loss
of confidentiality or for any damages arising from your failure to
comply with these terms. You will promptly report any unauthorized
use of your password to us.
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7. Limitation of Damages
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IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT
LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR
AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN
IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS
INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT
REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A
SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER
CONTENT AND MATERIALS.
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8. Ownership
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All contents of this website are Copyright ©
2005 Data Drive Thru, Inc. All rights reserved. All other rights, title
and interest (including all other copyrights, trademarks and other
intellectual property rights) in this Web site and all names, terms,
logos, slogans, images and other indicia identifying Data Drive Thru's
products or services are proprietary marks belonging to Data Drive
Thru. A list of trademarks owned by Data Drive Thru is set forth in
Section 15 of these Terms of Use. The names of companies and products
not owned by Data Drive Thru and mentioned herein may be the trademarks
of their respective owners. Any use of the copyrighted contents or the
trademarks belonging to Data Drive Thru, Inc. without the express written
permission of Data Drive Thru, Inc. is strictly prohibited.
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9. License
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Nothing contained in this Web site shall be construed
as conferring any license or right, expressly, by implication, by
estoppel or otherwise, under any of our intellectual property rights,
or under any third party's intellectual property rights, and no part of
this Web site may be reproduced, republished, copied, transmitted, or
distributed in any form or by any means.
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10. Claims of Copyright Infringement
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Data Drive Thru, Inc. respects the intellectual
property of others and may, in appropriate circumstances and at its
discretion, terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that any material on this
Web site infringes on any copyright which you own or control, or that
any link on this Web site directs you to another Web site that contains
material that infringes on any copyright which you own or control,
you may file a notification of such infringement with our designated
agent to have the material removed or otherwise blocked from access.
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11. Indemnification
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YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US,
OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, INVESTORS, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS
AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE
OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU
OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD
PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER
SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US
IN SUCH EVENT.
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12. Governing Laws in Case of Dispute
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THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, USA, AS THEY APPLY
TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT
AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE
AND FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS, USA, AND YOU SHALL
NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING
COURTS.
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13. International Use
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We do not represent that all content, materials and
services on our Web site are appropriate or available for use in all
geographic locations, especially some locations outside the United
States, and accessing such from certain locations may be illegal and
prohibited. Those who do access content, materials and services from
such locations act on their own initiative and we are not responsible
for their compliance with local laws or other applicable laws. You
will not access the foregoing where prohibited by law.
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14. Integration; Severability; General
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These Terms of Use incorporate by reference
any notices contained on this Web site and constitute the entire
agreement with respect to your access to and use of this Web site.
We may modify these Terms of Use at any time by posting revised
Terms of Use on our Web site and your continuing use of such Web
site and the services constitutes your agreement to be bound by
such modified Terms of Use. Any provision of these Terms of Use
which is determined by a court of competent jurisdiction to be
unenforceable in any jurisdiction shall be severable from these
Terms of Use in that jurisdiction without in any way invalidating
the remaining provisions of these Terms of Use. The unenforceability
of any provision in a given jurisdiction shall not make that
provision unenforceable in any other jurisdiction.
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15. Trademarks
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Trademarks owned by Data Drive Thru, Inc.
include Data Drive Thru, The Tornado™, Monitor Man, Speedy
Laptop.
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