Terms of Use last updated May 1, 2017. DS Data Mining Co., LLC, (“DSDMC”), provides its website accessible at www.dsdataminingco.com (the “Website”) to you subject to the following Terms of Use.

 

1. BINDING EFFECT. This is a binding agreement. By using the Website or any services provided in connection with the Website (the “Service”), you agree to abide by these Terms of Use, as they may be amended by DSDMC from time to time in its sole discretion. DSDMC will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Service and the Website.

 

2. PRIVACY POLICY. DSDMC respects your privacy and permits you to control the treatment of your personal information. A complete statement of DSDMC’s current privacy policy can be found by clicking here. DSDMC’s privacy policy is expressly incorporated into this Agreement by this reference.

 

3. ESTABLISHING AN ACCOUNT. Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and Service, and in order to access/use some features on the Website and Service, you may be required to establish and use an account.

 

When you are required to open an account to use or access the Website or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

 

You may not use the account, username, or password of someone else at any time. You agree to notify DSDMC immediately on any unauthorized use of your account, user name, or password. DSDMC shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by DSDMC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

 

4. TRADEMARKS. DSDMC trademarks displayed on this Website are trademarks or registered trademarks of DSDMC in the United States (including but not limited to the product name, “SCI PRO HAWK” (SPH), “DATAPRESSOR” slogan, the command station GUI, the “SPH bird ” logo and other tags & logos). All other trademarks are the sole property of their respective companies. All use prohibited.
5. COPYRIGHT AND OWNERSHIP OF WEBSITE CONTENT. All contents of the Website or Service are: Copyright © 2017 DS Data Mining Co., LLC, 5851 S. Garth Ave., Los Angeles, CA 90056. All rights reserved.

 

The Website and Service are protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website and Service, is owned exclusively by DSDMC and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of DSDMC.

 

6. USER CONTENT. You grant DSDMC a license to use the materials you post to the Website or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website or Service, you are granting DSDMC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of DSDMC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that DSDMC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You may only post User Content to the Website or Service if you are 18 years of age or over.

 

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

8. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a crim inal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. DSDMC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. DSDMC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

9. COPYRIGHT INFRINGEMENT. DSDMC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. DSDMC has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed on the rights of DSDMC or of a third party, or otherwise violated any intellectual property laws or regulations. DSDMC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DSDMC to delete, edit, or disable the material in question, you must provide DSDMC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DSDMC to locate the material; (d) information reasonably sufficient to permit DSDMC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to DSDMC’s designated agent at:

 

General Counsel DS Data Mining Co., LLC, 4212 E. Los Angeles Ave., #3158, Simi Valley, CA 93063. Tel: 818.808.8247, Fax: 818.337.1928, email ftaboada@taboadarochlin.com.

 

10. ALLEGED VIOLATIONS. DSDMC reserves the right to terminate your use of the Service and/or the Website. To ensure that DSDMC provides a high quality experience for you and for other users of the Website and the Service, you agree that DSDMC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Service. DSDMC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but DSDMC reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if DSDMC believes that you have violated any of the Terms of Use, furnished DSDMC with false or misleading information, or interfered with use of the Website or the Service by others.

 

11. NO WARRANTIES. DSDMC HEREBY DISCLAIMS ALL WARRANTIES. DSDMC IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE Service. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DSDMC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DSDMC DOES NOT WARRANT THAT THE SITE OR THE Service WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE Service WILL BE UNINTERRUPTED OR ERROR-FREE.

 

12. LIMITED LIABILITY. DSDMC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DSDMC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY DSDMC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

13. AFFILIATED SITES. DSDMC has no control over, and no liability for any third party websites or materials. DSDMC works with a number of partners and affiliates whose Internet sites may be linked with the Website. Because neither DSDMC nor the Website has control over the content and performance of these partner and affiliate sites, DSDMC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and DSDMC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that DSDMC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

14. PROHIBITED USES. DSDMC imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, DSDMC-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DSDMC in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

You may not use the Website or Service for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website or Service to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

15. INDEMNITY. You agree to indemnify DSDMC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless DSDMC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. DSDMC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Website or Service.

 

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

18. NO LICENSE. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by DSDMC or by any third party.

 

19. CALIFORNIA USE ONLY. The Website is controlled and operated by DSDMC from its offices in the State of California. DSDMC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as DSDMC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

20. MODIFICATIONS. DSDMC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website and/or the Service; and (c) discontinue the Website and/or Service at any time. DSDMC shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

 

21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.