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Terms and Conditions of Use
Acceptance of this Agreement
This Data Mobility Group web site and all of its Web Sites and information (the "Web
Site") are provided to you under these "Terms of Use " and any
amendments to these Terms of Use that may be posted by Data Mobility Group from
time to time (collectively, the "Agreement"). By accessing, browsing
and/or using this site and/or any web sites provided by Data Mobility Group, YOU AGREE TO BE BOUND BY THE
AGREEMENT. The Agreement constitutes the entire agreement between you and Data Mobility Group
and supercedes any prior agreements between you and Data Mobility Group regarding the use and contents of
this Web Site.
Modifications to this Agreement
Data Mobility Group may make changes to this Agreement from time to time in its sole discretion,
and will post any such changes on the Web Site. Your continued use of the Web Site
constitutes your acceptance of any such changes.
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No Reselling of Web Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of the Web Site, or use of or access to the Web Site.
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Proprietary Rights
You agree that content available through the Web Site, including without limitation,
content in the form of text, graphics, software, music, sound, photographs,
and videos, and content provided by suppliers, sponsors or third party
advertisers, is protected by copyrights, trademarks, Web Site marks, patents
or other proprietary rights and laws. Except as expressly authorized by Data Mobility Group
or the applicable supplier, sponsor or advertiser, you agree not to copy,
modify, rent, lease, loan, sell, assign, distribute, license, reverse
engineer or create derivative works based on the Web Site or any content
(including without limitation any software) available through the Web Site.
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Disclaimer of Warranties
You expressly understand and agree that your use of the web site is at your
sole risk. The web site is provided on an "as is" and "as available" basis.
To the fullest extent permissible pursuant to applicable law, Data Mobility Group expressly
disclaims all warranties of any kind, whether express or implied, including without
limitation any warranty of merchantability, fitness for a particular purpose and
non-infringement.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the web site is at your own discretion and
risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material
and/or data.
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Limitations of Liability
You expressly understand and agree that under no circumstances, including,
without limitation, negligence, shall Data Mobility Group or its parents, subsidiaries,
affiliates, officers, directors, employees, agents, or suppliers be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, including without limitation damages for loss of profits, use,
data, goodwill or other intangibles, even if Data Mobility Group or its supplier
has been advised of the possibility of such damages, resulting from: (1)
the use or the inability to use the web site, (2) the cost of procurement
of substitute goods and web sites resulting from any goods, data, information
or web sites purchased or obtained or messages received or transactions
entered into by means of or through the web site, (3) unauthorized access
to or alteration of your transmissions or data, (4) the statements or
conduct of any third party on the web site, or, (5) any other matter relating
to the web site.
Some jurisdictions do not allow the limitation
or exclusion of liability for incidental or consequential damages so some
of the above may not apply to you.
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Your Contact With Advertisers Or Other Third Parties
Your dealings with advertisers or other third parties found on or through the
Web Site, including your participation in promotions, the payment for
and delivery of goods and Web Sites, and any terms, conditions, warranties
or representations associated with such dealings are solely between you
and the third party. Data Mobility Group does not make any representations or warranties
with respect to any goods or Web Sites which may be obtained from such third parties,
and you agree that Data Mobility Group will have no liability with respect to any loss or damage
of any kind incurred as a result of any dealings between you and any third
party, or as a result of the presence of such third parties on the Web
Site.
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Links
The Web Site, or third parties on the Web Site, may provide links to other
sites and/or resources over which Data Mobility Group has no control. You agree that Data Mobility Group
has no responsibility for and no liability for the availability of such external
sites or resources, or for the Content, advertising, products or other materials available
through such sites or resources.
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Indemnification
You agree to indemnify and hold harmless Data Mobility Group, its parents, subsidiaries,
affiliates, officers, directors, agents, employees, co-branders or other
partners, and suppliers, from any claim, demand, action, or damage, including
reasonable attorneys' fees, made by any third party due to, arising out
of or related to your use of the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
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Applicable Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of New Hampshire, without giving effect to conflict of laws
provisions. You and Data Mobility Group agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Hillsborough, New Hampshire.
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Severability
If any provision of this Agreement is found by a court or other binding authority
to be invalid, you agree that every attempt shall be made to give effect
to the parties' intentions as reflected in that provision, and the remaining
provisions contained in this Agreement shall continue in full force and effect.
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Miscellaneous
You agree that any claim or cause of action arising out of your use of the
Web Site or this Agreement must be filed within one year after such claim
or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary.
Any failure by Data Mobility Group to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right or provision.
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