Home
END-USER LICENSE AGREEMENT
(RULES GOVERNING OUR RELATIONSHIP WITH YOU)

RESTRICTIONS ON USE OF 1010DATA'S INTERNET SITE

This site is owned and operated by 1010data, Inc. All materials created by 1010data on this site are the property of 1010data, Inc. and subject to copyright. Nothing herein shall restrict your right to download and copy your own data or data made freely available to you.

YOUR AGREEMENT CONCERNING USE OF THIS SITE AND SERVICES

By using this site, you signify your assent to all the terms of use outlined above and below or at other place on this site including 1) terms of payment if you have entered into a fee agreement with us and 2) the Disclaimer of Liability posted at other places on this site. We reserve the right to discontinue your usage of the services offered by this site for any or no reason provided that if such termination is not based on your violation of any of your obligations with respect to usage of this site, we will provide you notice of discontinuance of service via E-mail at least five business days prior to such discontinuance. Our determination of whether you have violated any of you obligations shall be final. This Agreement may be modified only by a writing signed by an officer of 1010data. If you do not agree to these terms of use, please do not use the site.

ACCURACY OF SITE INFORMATION

IN GENERAL, THE DATA PROVIDED ON THIS SITE HAVE BEEN PROVIDED, DIRECTLY OR INDIRECTLY, BY THIRD PARTIES. 1010DATA SHALL HAVE NO LIABILITY FOR ANY INACCURACY REGARDLESS OF WHETHER SUCH INACCURACY IS DUE TO THE SOURCE OR 1010DATA.

Postings are made at such times as determined by 1010data in its discretion. Readers should not assume that the information contained on this site has been updated or otherwise contains current information. 1010data does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. If you would like to verify that you have the current information, please contact us.

TRADEMARK NOTICE

1010data and the 1010data logo, are trademarks of 1010data, Inc. All other company and product names may be trademarks of their respective owners. The information contained herein is subject to change without notice. Copyright 1010data, Inc. All rights reserved.

LINKS TO OTHER MATERIALS

The linked sites, if any, are not under the control of 1010data and 1010data is not responsible for the content of any linked site or any link contained in a linked site. 1010data reserves the right to terminate any link or linking program at any time. 1010data does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

INDEMNIFICATION OF 1010DATA FOR ANY CLAIM CAUSED BY YOUR USE OF THIS SITE

By using this facility, you warrant and represent to 1010data that you have the right to upload and use the data that you upload to our facility in the manner that you use it including the right to publish or share such data to the extent that you do so. You further agree to indemnify and hold harmless 1010data from any and all damages or expenses of any kind including attorneys fees and, if requested, to defend 1010data in any action or proceeding, where such damages or expenses relate to a claim that contests your right to upload or publish data on this facility.

APPLICABLE LAWS

This site is controlled by 1010data from its offices within the United States of America. 1010data makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of New York applicable to agreements or actions wholly performed within the State of New York without reference to the rules regarding conflict of laws and any claim against 1010data may only be brought in the Courts of the State of New York.

REVISIONS

1010data may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site or by express written agreements with clients.

DISCLAIMER OF LIABILITY
LIMITATION OF WARRANTIES AND LIABILITY:

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THIS LIMITATION APPLIES TO THE DATA AS WELL AS TO ANY SOFTWARE APPLICATION USED TO MANIPULATE THE DATA THAT IS MADE AVAILABLE BY US. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WE SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF ANY APPLICABLE JURISDICTION. THIS LIMITATION MAY NOT BE CHANGED EXCEPT BY A WRITING SIGNED BY US.

WE BELIEVE OUR SECURITY STEPS ARE AT LEAST AS STRINGENT AS YOURS WOULD BE. AS A MATTER OF PRACTICAL BUSINESS NECESSITY, WE CANNOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY ANY PROBLEMS THAT MAY ARISE AS A RESULT OF YOUR OR ANYONE'S USE OF OUR SITE OR THE SERVICES WE PROVIDE WHETHER OR NOT WE ARE AT FAULT UNLESS SUCH PROBLEM IS CAUSED BY OUR INTENTIONAL MISCONDUCT AS OUTLINED BY THIS DISCLAIMER WHICH IS WRITTEN BY OUR LAWYERS. IF YOU ARE NOT SURE WHAT IT MEANS TO YOU, WE STRONGLY SUGGEST THAT YOU CHECK WITH YOUR LAWYERS. ACCORDINGLY, WE URGE YOU TO BACK UP YOUR DATA TO ONE OR MORE SAFE PLACES TO MINIMIZE THE SCOPE OF ANY DAMAGE THAT COULD OCCUR IN THE UNLIKELY EVENT A PROBLEM OCCURS WITH OUR SITE OR SERVICE DESPITE THE EXTENSIVE EFFORTS OUTLINED ABOVE.

LIMITATION OF REMEDY: IN NO EVENT SHALL ANY DAMAGES AGAINST 1010data BE RECOVERABLE IN EXCESS OF THE PRO RATA MONTHLY CHARGES FOR THE PERIOD DURING WHICH SERVICE IS NOT PROVIDED AND THE AGGREGATE DAMAGES SHALL NOT EXCEED THE MONTHLY CHARGES PAID DURING THE THREE MONTHS PRECEEDING THE FILING OF ANY ACTION OR TERMINATION OF SERVICE, WHICHEVER IS EARLIER. NO PUNITIVE DAMAGES MAY BE RECOVERED AND 1010DATA SHALL NOT BE LIABLE FOR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS. ANY ACTION BY CLIENT ALLEGING BREACH OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE ALLEGED BREACH.