Electronic Communications. When you visit www.datagenesis.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright. You should assume that all content, materials, designs, graphics, text, photography and images (collectively, the “Materials”) contained on the Site are protected by U.S. and/or foreign copyright laws, and belongs to DG or its partners, affiliates, contributors or third parties. The copyrights in the Materials are owned by DG or other copyright owners who have authorized their use on the Site. You may download and reprint Materials for non-commercial, non-public, personal use provided you do not change any copyright, trademark, or other proprietary notice. Any such download and/or reprinting may be subject to additional restrictions, for example information from password restricted areas. Information regarding DG’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. DG makes no representation that the Materials included in the Site are appropriate or available for use in countries other than the United States. Those who do access the Site from other countries are solely responsible for compliance with local laws of that country. If you modify or use the Materials for any other purpose, you will be violating the intellectual property rights of DG. DG neither warrants nor represents that your use of the Materials will not infringe rights of third parties not affiliated with DG. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of DG and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
Trademarks. DG’s trademarks may not be used in connection with any product or service that is not part of DG, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DG. All other trademarks not owned by DG or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DG or its subsidiaries.
License and Site Access. DG grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DG. This license does not included any resale or commercial use of this Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Site of its contents: any downloading or copying of account information of the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copies, sole, resold, visited or otherwise exploited for any commercial purpose without express written consent of DG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DG and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DG’s name or trademarks without the express written consent of DG. Any unauthorized use terminates the permission or license granted by DG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DG so long as the link does not portray DG, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DG logo or other proprietary graphic or trademark as part of the link without express written permission.
Disclaimer of Warranties. WHILE DG USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE SITE, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE WITH RESPECT TO SUCH INFORMATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS AND TECHNICAL ERRORS) WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. DG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. DG DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. DG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND DG HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless DG, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
User Supplied Information. DG does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (a) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (b) you give DG the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Unsolicited Idea Submission Policy. DG or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, concepts, services, processes, materials, graphics, photography, or new product names. We have found this policy necessary in order to avoid misunderstandings should DG’s business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us. Please do not send your unsolicited ideas to DG or anyone at DG. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (a) your idea will automatically become the property of DG, without any compensation to you; (b) DG will have no obligation to return your idea to you or respond to you in any way; (c) DG will have no obligation to keep your idea confidential; and (d) DG may use your idea for any purpose whatsoever, including giving your idea to others. However, DG does welcome feedback regarding many areas of DG’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.
Password Security. You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your identification and password.