YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE
Acceptance of Terms:
The following terms and conditions govern all use of the http://www.data-applied.com
website (the Site) and the services available on or at
the Site (taken together, the Service). The Service is
owned and operated by Data Applied, LLC (Data Applied).
The Service is offered subject to acceptance without modification of all of the
and all other operating rules, policies and procedures that may be published from
time to time on this Site by Data Applied.
The Service is available only to individuals who are at least 13 years old or possess
legal parental or guardian consent. If you do not so qualify, do not attempt to
use the Service. Data Applied may refuse to offer the Service to any person or entity
at any time and may change its eligibility criteria, at any time, in its sole discretion.
Data Applied reserves the right, at its sole discretion, to modify or replace any
Use periodically for changes. Your continued use of the Service following the posting
Data Applied's current Site Privacy Statement is located on the
or to report a privacy related problem, please contact us by clicking
Rules and Conduct:
As a condition of use, you promise not to use the Service for any purpose that is
Content or User Submissions (both as defined below)) is provided only for your own
includes, without limitation, any information, data, text, software, scripts, graphics,
and interactive features generated, provided, or otherwise made accessible by Data
Applied or its partners on or through the Service.
By way of example, and not as a limitation, you shall not to (or permit others to)
either (a) take any action or (b) upload, download, post, submit or otherwise distribute
or facilitate distribution of any content using any communications service or other
service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of
publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive,
- constitutes unauthorized or unsolicited advertising, junk or bulk
- contains software viruses or any other computer codes, files, or programs
that are designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to damage
or obtain unauthorized access to any system, data or other information of Data Applied
or any third party; or
- impersonates any person or entity, including any employee or representative
of Data Applied.
Additionally, you shall not: (i) take any action that imposes or may impose (as
determined by Data Applied in its sole discretion) an unreasonable or disproportionately
large load on Data Applied's (or its third party providers') infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or
any activities conducted on the Service; or (iii) bypass any measures Data Applied
may use to prevent or restrict access to the Service (or other accounts, computer
systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse
engineer or otherwise attempts to derive any source code or underlying ideas or
algorithms of any part of the Service, except to the limited extent applicable laws
specifically prohibit such restriction, (ii) modify, translate, or otherwise create
derivative works of any part of the Service, or (iii) copy, rent, lease, distribute,
or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws
and regulations. You will not use the Service if you are under 13. You will not use the Service if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
As a condition to using Services, you may be required to register with Data Applied
and select a password and screen name (Data Applied Screen Name). You shall
provide Data Applied with accurate, complete, and updated registration information.
in immediate termination of your Data Applied account. You shall not (i) select
or use as a Data Applied Screen Name a name of another person with the intent to
impersonate that person; (ii) use as a Data Applied Screen Name a name subject to
any rights of a person other than you without appropriate authorization; or (iii)
use as a Data Applied Screen Name a name that is otherwise offensive, vulgar or
obscene. Data Applied reserves the right to refuse registration of, or cancel a
Data Applied Screen Name in its sole discretion. You are solely responsible for
activity that occurs on your account and shall be responsible for maintaining the
confidentiality of your Data Applied password. You shall never use another user's
account without such other user's express permission. You will immediately notify
Data Applied in writing of any unauthorized use of your account, or other account
related security breach of which you are aware.
Third Party Sites:
The Service may permit you to link to other websites or resources on the Internet,
and other websites or resources may contain links to the Site. These other websites
are not under Data Applied's control, and you acknowledge that Data Applied
is not responsible or liable for the content, functions, accuracy, legality, appropriateness
or any other aspect of such websites or resources. The inclusion of any such link
does not imply endorsement by Data Applied or any association with its operators.
You further acknowledge and agree that Data Applied shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such Content, goods or services
available on or through any such website or resource.
Data Applied Content Generally:
You agree that the Service contains Content specifically provided by Data Applied
or its partners and that such Content is protected by copyrights, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws. Except as expressly
authorized by Data Applied in writing, you shall not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from such Content. However, Data Applied
hereby grants you a limited, revocable, non-sublicensable license to reproduce and
display the Content (excluding any software code); provided, that you retain all
copyright and other proprietary notices contained therein. Reproducing, copying
or distributing any Content, materials or design elements on the Site for any other
purpose is strictly prohibited without the express prior written permission of Data
The Service provides you with the ability to upload, submit, disclose, distribute
or otherwise post (hereafter, "posting") content (including, without limitation,
information, data, and images) to the Service ("User Submissions"). By
posting User Submissions on or at the Site or otherwise through the Service, you:
- acknowledge and agree that you grant to Data Applied, its affiliates
and their assignees a Creative Commons Attribution 3.0 license (located at:
http://creativecommons.org/licenses/by/3.0) to such User Submissions, including
without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant that you own, control, or otherwise possess
sufficient legal rights to such User Submissions and that disclosure and use of
such User Submissions by Data Applied (including without limitation, publishing
content on or at the Site) will not infringe or violate the rights of any third
- acknowledge that such User Submissions may not be treated confidentially.
You shall not provide Data Applied with any confidential or proprietary information
that you desire or are required to keep secret. You are solely responsible for the
User Submissions you post on or through the Service. Data Applied does not endorse
and has no control over any User Submission.
Data Applied has no obligation to monitor the Site, Service, Content, or User Submissions.
Data Applied may remove any User Submission at any time for any reason (including,
but not limited to, upon receipt of claims or allegations from third parties or
authorities relating to such User Submission), or for no reason at all.
Data Applied may terminate your access to all or any part of the Service at any
time, with or without cause, with or without notice, effective immediately. If you
wish to terminate your account, you may simply discontinue using the Service. All
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS
PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED. Data Applied, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR
USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE
WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS
OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability:
IN NO EVENT SHALL Data Applied, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT
OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER
ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF
THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE
MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS
OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Data Applied, its affiliates and
each of its, and its affiliates employees, contractors, directors, suppliers and
representatives from all liabilities, claims, and expenses, including reasonable
attorneys' fees, that arise from your (i) use or misuse of the Service; (ii)
or, (iii) the infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. Data Applied reserves
the right to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will assist and cooperate with Data
Applied in asserting any available defenses.
Data Applied makes no representation that the Content is appropriate or available
for use in locations outside of Washington State, and accessing the Service is prohibited
from territories where such Content is illegal. If you access the Service from other
locations, you do so at your own initiative and are responsible for compliance with
shall be admissible in judicial or administrative proceedings based upon or relating
business documents and records originally generated and maintained in printed form.
You and Data Applied agree that any cause of action arising out of or related to
the Service must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
of the State of Washington, excluding its conflicts of law rules, and the United
States of America. You expressly agree that the exclusive jurisdiction for any claim
or Services shall be filed only in the state or federal courts located in King County,
Washington and you further agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or action. Use of the
Service is not authorized in any jurisdiction that does not give effect to all provisions
Integration and Severability:
to the Service and use of this Site, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you and
Data Applied with respect to this Site (but excluding the use of any software which
may be subject to a separate end-user license agreement). If any provision of the
remain in full force and effect and enforceable.
by you except with Data Applied's prior written consent. Data Applied may assign,
transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as
bind the other in any respect. In any action or proceeding to enforce rights under
have been duly given when received, if personally delivered or sent by certified
or registered mail, return receipt requested; when receipt is electronically confirmed,
if transmitted by facsimile or e-mail; or the day after it is sent, if sent for
next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices:
Unless otherwise indicated, all Content provided by Data Applied is copyright ©
2009 Data Applied, Inc. All rights reserved.
Data Applied and Data Applied logo are either trademarks or registered trademarks
of Data Applied. The names of actual companies and products mentioned at the Site
may be the trademarks of their respective owners.