TERMS OF SERVICE

Effective as of April 19, 2022

INTRODUCTION AND ACCEPTANCE – IMPORTANT

Please read the following terms and conditions of use (“Terms”) carefully as the Terms are a legal agreement between you and DataForge. If you do not agree to these Terms, please do not access or otherwise use this Site (as defined below). DataForge only permits use of the Site on the condition that you accept all terms and conditions herein.

By accessing or using any portion of DataForge’s customer service portal, with its homepage located https://docs.dataforgelabs.com, including all programs, services, tools, materials, or information available through it (collectively, the “Site”). you consent and agree that your access to or use of the Site is subject to and governed by the Terms and all applicable laws.  If you are using the Site on behalf of a company or other form of entity, please note that such company or entity is also hereby bound by your acceptance of the Terms, and you represent that you have authority to bind such company or entity accordingly. For clarity, these Terms do not modify any licensing and/or support agreements between you (or your company) and DataForge with respect to the DataForge software and your use of it. DataForge may, without notice to you, at any time revise these Terms and information contained on the Site by updating this posting. DataForge may also make alterations to, changes, or deletions of any product, service or program described on this Site at any time and for any reason without notice.

TERMS AND CONDITIONS

1. As set forth above, these TERMS permit your designated contacts to use and access the for business purposes only. Specifically, the Site permits you to receive customer support regarding your DataForge software product licensed by DataForge.   
2. The foregoing permission is limited.  You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Site in any manner not expressly permitted by these TERMS.  In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.  Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of anyother Authorized User(s), or any other systems or networks connected to the Site or to any Company server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Site (or any part thereof) without Company express, separate, and prior written permission, or (x) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.   
3. USER OBLIGATIONS. By  accessing or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form.  If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Site.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site.  Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these TERMS any personally identifiable information, which you receive or which is made available from Company in connection with this TERMS.  These TERMS are also expressly made subject to any applicable export laws, orders, restrictions, or regulations.  You shall not export the Site (or access thereto) without complying with such laws, orders, restrictions, or regulations.  In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk.  You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, Company is not responsible for the security of any information transmitted to or from the Site. 
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Site, you may provide Company with additional content or information (a "Posting").  In connection with delivering and providing to Company any such Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Site and Company's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company's services and the Site.  Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Site in a timely or accurate manner.  Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information. 
5. OTHER TERMS AND CONDITIONS.   If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.  Company's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on these TERMS should be construed to alter such terms, conditions, notices, and agreements.
6. USER NAME HANDLING . Registration as an Authorized User for access to certain areas of the Site may require both a user name and a password.  Only one Authorized User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Site and to your account.  Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential.  You also agree not to use another Authorized User's user name and password.  You will promptly notify Company if you become aware of any actual or reasonably suspected loss or theft of your password or any actual or reasonably suspected unauthorized use of your user name and password.  Company will not be liable for any loss or damage arising from your failure to comply with these obligations.  Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.  
7. PRIVACY POLICY. You understand and acknowledge that the operation of certain programs, services, tools, materials, or information of the Site requires the submission, use, and dissemination of various personal identifying information. 
8. This Site may contain comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Site contains such communication forums (collectively, “Forums”), you agree that by using the Site you will not post or transmit any of the following materials on the Site’s Forums:
   1. anything that interferes with or disrupts the Site or the operation thereof,
   2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
   3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
   4. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
   5. statements or material that is bigoted, hateful, or racially offensive,
   6. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
   7. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
   8. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
   9. statements or material that harms minors,
   10. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company,
   11. statements or material that misrepresents your affiliation with any entity and/or Company,
   12. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
   13. chain letters or pyramid schemes,
   14. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
   15. statements or material that are “off-topic” for a designated Forum, and
   16. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

Without limiting the foregoing, you also agree not to upload any sensitive personal information, such as protected health information or financial data. 

9. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to Company and a Forum.  Company assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. Company does not guarantee confidentiality with respect to any Postings.
10. NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting.  Nevertheless, Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that Company believes in good faith violate these TERMS and/or are, or are potentially, unlawful or harmful to Company or its products, services, and goodwill.  If you violate these TERMS, Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site.  Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.  If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Company as provided below. 
11. PROPRIETARY RIGHTS. The TERMS provide only a limited right to access and use the Site.  Accordingly, you expressly acknowledge and agree that Company and its licensors transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company's trademarks.  This Site is the property of DataForge and/or its licensors.  All rights reserved. Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited.  Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
12. LINKS TO OTHER . Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services.  These sites have not necessarily been reviewed by Company and are maintained by third parties over which Company exercises no control.  Accordingly, Company expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
13. ALL TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPANY IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE SITE.  MOREOVER, COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE SITE.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Site WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
14. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  ALL TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS OR $1,000 DOLLARS, WHICHEVER IS GREATER.
15. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all third party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.    
16. GOVERNING LAW. These TERMS have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Illinois, U.S.A. as applied to agreements entered into and completely performed in the State of Illinois.  You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the state and federal courts in the State of Illinois for any disputes between us under or arising out of this TERMS.  You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these TERMS.  You acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these TERMS and is hereby disclaimed.  You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site.  A printed version of these TERMS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TERMS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Please contact Company if you wish to receive a printed copy of these TERMS.
17. TERM AND TERMINATION. These TERMS and your right to use the Site will take effect at the moment you click "I ACCEPT" or you access, or use the Site and is effective until terminated as set forth below.  These TERMS will terminate automatically if you click "I REJECT".  In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these TERMS, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users.  Termination will be effective without notice.  You may also terminate this TERMS at any time by ceasing to use the Site, but all applicable provisions of these TERMS will survive termination, as identified below.  In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TERMS for any reason.
18. You acknowledge that any breach, threatened or actual, of these TERMS will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law.  You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these TERMS.  Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of these TERMS.  The parties agree that these TERMS are for the benefit of the parties hereto as well as Company's licensors.  Accordingly, these TERMS are personal to you, and you may not assign your rights or obligations to any other person or entity without Company's prior written consent.  Failure by Company to insist on strict performance of any of the terms and conditions of these TERMS will not operate as a waiver by Company of that or any subsequent default or failure of performance.  If any provision (or part thereof) contained in these TERMS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and Company as result of these TERMS or your utilization of the Site.  Headings herein are for convenience only.  These TERMS represent the entire agreement between you and Company with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Site. 

Updated May 14, 2024 20:12