Data Dot Plus Terms and Conditions

Effective date: March 3, 2024. Last revised: March 3, 2024

Introduction

These Terms and Conditions govern your access to and use of Data Dot Plus Products and Services hosted on your personalized URL (the "Data Dot Plus Products"). These Terms and Conditions limit Data Dot Plus's liability and obligations to you, impose certain obligations on you, allow Data Dot Plus to suspend or terminate your access to and use of the Data Dot Plus Products, and provide you with other important information with respect to the provision and use of the Data Dot Plus Products.

Legally binding

You agree that by signing up to use the Data Dot Plus Products or by using the Data Dot Plus Products (in each case, you are a “User”), you are entering into a legally binding agreement with Data Dot Plus in Cary, North Carolina, USA (“I,” “me,” “my,” and “Data Dot Plus”). IF YOU RESPOND BY CLICKING ON THE “LOG IN”, “SIGN UP”, “I AGREE”, “I ACCEPT” OR SIMILAR BUTTON TO WHICH THIS AGREEMENT IS LINKED, REFERENCED OR OTHERWISE ATTACHED, YOU ACKNOWLEDGE AND AGREE THAT (i) IF YOU ARE USING THE DATA DOT PLUS PRODUCTS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“COMPANY”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS AND (II) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND ARE AGREEING THAT YOU AND COMPANY WILL BE BOUND BY THESE TERMS OF USE. IF YOU ARE NOT AUTHORIZED TO BIND THE COMPANY TO THIS AGREEMENT OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “LOG IN”, “SIGN UP”, “I AGREE”, “I ACCEPT” OR SIMILAR BUTTON, DO NOT CONCLUDE THE SIGN UP OR REGISTRATION PROCESS, AND DO NOT USE THE DATA DOT PLUS PRODUCTS.

Updates

Data Dot Plus may update these Terms and Conditions from time to time, to, among other things, reflect changes to the Data Dot Plus Products. We will notify you of changes to these Terms and Conditions by posting an updated version at https://www.datadotplus.com/terms-and-conditions and will revise the “Last revised” date above. We encourage you to periodically review these Terms and Conditions to be informed with respect to your and Data Dot Plus's rights and obligations with respect to the Data Dot Plus Products. Using the Data Dot Plus Products after a notice of changes has been sent to you or published on the Data Dot Plus Products shall constitute consent to the changed terms and practices.

Additional agreements

By agreeing to these Terms of Use, you are also agreeing to my Privacy Policy located at https://www.datadotplus.com/privacy-policy. Please review these additional terms and conditions carefully.

Right to use the Data Dot Plus Products

On the condition that you comply with all your obligations under this Agreement, I grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Data Dot Plus) and use the Data Dot Plus Products for your internal business purposes only (and not to provide services to any third party) in accordance with these Terms and Conditions, the Acceptable Use Policy, and any usage limitations applicable to the Data Dot Plus Products plan to which You have subscribed. Any other use of the Data Dot Plus Products is strictly prohibited and a violation of the Terms and Conditions. We reserve all rights not expressly granted in this Agreement.

Third-party vendors

You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Data Dot Plus Products. You understand that the technical processing and transmission of the Data Dot Plus Products, including Your Applications, your analyses and any data or information you provide or store in the Data Dot Plus Products or any application made available via the Data Dot Plus Products, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Availability of the Data Dot Plus Products

You have the right to access and use the Data Dot Plus Products as they exist on any given day and Data Dot Plus has no other obligation with respect to updating, improving, maintaining, or making available the Data Dot Plus Products. Further, Data Dot Plus reserves the right, any time and from time to time, to update, modify, revise, replace, refuse access to, suspend or discontinue the Data Dot Plus Products, temporarily or permanently, partially or entirely, with or without notice. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. Posit shall not be liable to you or to any third-party for any update, modification, revision, replacement, price change, suspension, refusal of access or discontinuance of the Posit Service or any of Your Applications, analyses, data or information.

Eligibility to Use the Data Dot Plus Products

To be eligible to use the Data Dot Plus Products, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are a human - accounts registered by “bots” or other automated methods are not permitted unless authorized or enabled by Data Dot Plus; (3) are not currently restricted from the Data Dot Plus Products; (4) are not a competitor of Data Dot Plus or are not using the Data Dot Plus Products for reasons that are in competition with Data Dot Plus; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Data Dot Plus, including intellectual property rights such as copyright or trademark rights; (7) will comply with the Terms and Conditions, as each may be amended from time to time, as well as comply with Data Dot Plus's website terms of use referenced above; and (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Posit Service.

Sign Up and Registration

To use the Data Dot Plus Products, you must complete the sign up process and register as a User. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sign up process and registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. If you provide any information that is inaccurate or not current, or Data Dot Plus has reasonable grounds to suspect that such information is inaccurate or not current, Data Dot Plus has the right to suspend or terminate your account and refuse any and all current or future use of the Data Dot Plus Products. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

Account Security

You are responsible for safeguarding the password that you use to access the Data Dot Plus Products. You agree to: (1) keep your account password secure and confidential; and (2) not permit others to use your account. Further, you are responsible for any activities or actions under your account or anything that happens through your account, whether or not you have authorized such activities or actions, until you disable your account or prove that your account security was compromised due to no fault of your own. You will immediately notify Posit of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data and/or files to Data Dot Plus, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Data Dot Plus Products.

Compliance

By using the Data Dot Plus Products, you represent and warrant that (i) you are in compliance with these Terms and Conditions, (ii) you own or otherwise have all rights and permissions necessary to submit to Data Dot Plus and the Data Dot Plus Products any analyses, data, or other information that you submit to the Data Dot Plus Products, and (iii) any analyses, data, or other information that you submit to the Data Dot Plus Products does not violate, misappropriate or infringe the intellectual property rights of any third party and is not in violation of any contractual restrictions or other third party rights. If you have any doubts about whether you have the legal right to submit any analyses, data, or other information, you should not submit any analyses, data, or other information that you submit to the Data Dot Plus Products.

Right to Remove

Data Dot Plus reserves the right to remove and/or disable any analyses, data, or other information that you submit to the Data Dot Plus Products, with or without notice, if deemed by Data Dot Plus to be contrary to the Terms and Conditions. For avoidance of doubt, Data Dot Plus has no obligation to store, maintain or provide you a copy of any analyses, data, or other information submitted to the Data Dot Plus Products and any analyses, data, or other information that you submit are at your own risk of loss.

Uploaded Data

If you choose to upload data to an application you are using via the Data Dot Plus Products, you acknowledge and agree you are giving certain legal rights to Data Dot Plus to process and otherwise use your data. Further, Data Dot Plus does not claim ownership of your data; however, you hereby grant Data Dot Plus a worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferable and non-exclusive license, as applicable, to (and to permit its third party hosting provider to) (i) use and copy your data in connection with making your data available to the application to which you have submitted your data and (ii) with your permission, to internally access, copy, review and use Your uploaded data for purposes of assisting you with de-bugging the Data Dot Plus Products. You should never submit to the Data Dot Plus Products any data which consists of personally identifiable information, credit card information, or protected health information, as such terms are defined by relevant laws, rules, and regulations. DATA DOT PLUS IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY, AVAILABILITY, SECURITY, LOSS, MISUSE OR MISAPPROPRIATION OF ANY DATA YOU SUBMIT TO THE DATA DOT PLUS PRODUCTS.

Payments

Data Dot Plus offers each Data Dot Plus Product subject to your payment of the applicable fees to Data Dot Plus when you place your order for each Data Dot Plus Product.

Taxes

All fees for Data Dot Plus Products are exclusive of all Taxes. “Taxes” means any sales, use, GST, value-added, withholding, or similar taxes, customs, and any customs duties, charges, fees or levies, whether domestic or foreign, excluding taxes based on the income, employees or property of Data Dot Plus. You are responsible for payment of all Taxes unless you provide Data Dot Plus with a tax exemption certificate. If you are required by applicable law to withhold any Taxes from your payment, the fees payable by you will be increased as necessary so that after making any required withholdings, Data Dot Plus receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such withholdings been made.

If Data Dot Plus is required to collect and remit Taxes pursuant to applicable laws, Data Dot Plus will include the Taxes payable by you on your invoice or on your receipt for your online order, as applicable. The amount of the Taxes will be calculated based on applicable laws. You acknowledge that the taxation of online transactions is continually evolving and that Data Dot Plus continues to monitor and update its taxation policies as those laws change. You agree to pay any Taxes that Data Dot Plus is required to collect and remit pursuant to applicable laws.

Final purchase

ALL DATA DOT PLUS PRODUCT PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL DATA DOT PLUS PRODUCT SUBSCRIPTION PERIOD.

Subscriptions

For monthly payment plans, the Data Dot Plus Products are billed in advance on a monthly basis and is non-refundable. For annual payment plans, the Data Dot Plus Products are billed in advance on an annual basis and is non-refundable. UNLESS OTHERWISE PROVIDED IN YOUR ORDER WITH DATA DOT PLUS, ALL PAID PLANS WILL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY OR ANNUAL PERIODS, AS APPLICABLE, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE.

The Data Dot Plus Products will prorate subscription changes. If a subscription is upgraded during a period, the prorated additional charges will be invoiced and charged immediately. For subscription changes between different intervals, the billing cycle will be reset when the subscription is changed. Note that if I charge for the new plan, and that payment fails, the plan change will not go into effect.

Prices of all Paid Plans are subject to change upon 30 days notice from me; provided, however, that, if you are currently a Paid Plan subscriber, I will honor your existing Paid Plan price for the greater of the remainder of your subscription period or 90 days from the date of our notice. Such notice may be provided at any time as described under the Notifications and Service Messages section below.

Cancellation

You are solely responsible for properly cancelling your account. You may cancel your Paid Plan by emailing data.dot.plus@gmail.com. The cancellation of a Paid Plan will go into effect immediately. There will be no refunds or credits for partial months of service, upgrade refunds, cancellation refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Data Dot Plus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Data Dot Plus Products, or any other Data Dot Plus Product, for any reason at any time. Data Dot Plus reserves the right to refuse service to anyone for any reason at any time.

Notifications and Service Messages

For purposes of service messages and notices about the Data Dot Plus Products to you, you agree that Data Dot Plus may notify you via the email address associated with your account, even if we have other contact information. You also agree that Data Dot Plus may communicate with you through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You acknowledge and agree that I shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Data Dot Plus Products.

Restrictions on Use

You must comply with all applicable laws, rules, regulations and guidelines, and you further agree not to do any of the following:

• Transmit any data, information, files, text, graphics, or other material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes, violates or misappropriates another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law, rule or regulation (including those with respect to privacy and/or data security) or would give rise to civil liability;

• Access, tamper with, or use non-public areas of the Data Dot Plus Products or Data Dot Plus's or its third party hosting providers’ computer systems;

• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

• Attempt to access or search the Data Dot Plus Products with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Data Dot Plus or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Data Dot Plus Products;

• Interfere with, or attempt to interfere with the Data Dot Plus Products or the access of any user, host or network, including, without limitation, sending a virus or other malicious code, overloading, flooding, or spamming the Data Dot Plus Products; or plant malware on Data Dot Plus's computer systems, those systems of Data Dot Plus’s providers, or otherwise use the Data Dot Plus Products to attempt to distribute malware or other malicious code;

• Use the Data Dot Plus Products in any illegal or unlawful manner or for any illegal or unlawful purpose;

• Perform any act which is intended to harm Data Dot Plus or the Data Dot Plus Products; or

• Impersonate or misrepresent your affiliation with any person or entity;

• make the Data Dot Plus Products available to, or use any Data Dot Plus Products for the benefit of, any third party;

• sell, resell, license, sublicense, distribute, rent or lease any Data Dot Plus Products, or include any Data Dot Plus Product in a service bureau, application service provider or outsourcing offering;

• Use a Data Dot Plus Product to store or transmit security vulnerabilities, viruses or other harmful or malicious code;

• Interfere with or disrupt the integrity or performance of any Data Dot Plus Products;

• Attempt to gain unauthorized access to any Data Dot Plus Products or its related systems or networks;

• Permit direct or indirect access to or use of any Data Dot Plus Product in a way that circumvents a contractual usage limit, or use any Data Dot Plus Product to access, copy or use any of Data Dot Plus's intellectual property;

• Modify, copy, or create derivative works of a Data Dot Plus Product or any part, feature, function or user interface thereof;

• Frame or mirror any part of any Data Dot Plus Product, other than framing on your own intranets or otherwise for your own internal business purposes; or

• Except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Data Dot Plus Product or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Data Dot Plus Products, or (3) copy any ideas, features, functions or graphics of the Data Dot Plus Products.

Data Dot Plus has the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security concerns, to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting those who violate these Terms and Conditions.

Intellectual property rights

All right, title, and interest in and to the Data Dot Plus Products is and will remain the exclusive property of Data Dot Plus and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Data Dot Plus incorporates any of your Feedback (as defined below) into subsequent versions. The Data Dot Plus Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Data Dot Plus Products.

All feedback, comments, and suggestions for improvements that you provide to Data Dot Plus, in any form, and the results, metrics, analysis and statistics resulting from access to and use of the Data Dot Plus Products and content made available via the Data Dot Plus Products (collectively, the “Feedback”) will be the sole and exclusive property of Data Dot Plus. You hereby irrevocably transfer and assign to Data Dot Plus all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Data Dot Plus's request and expense, you will execute documents and take such further acts as Data Dot Plus may reasonably request to assist Data Dot Plus in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Data Dot Plus Products or in any Data Dot Plus Intellectual Property Rights on account of these Terms of Use or your use of the Data Dot Plus Products.

The foregoing intellectual property rights provisions shall survive any termination or expiration of these Terms of Use.

Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Data Dot Plus has adopted and implemented a policy that permits the deletion of files that violate this policy, and will terminate the accounts of Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Misuse of the Services

If you violate any of these Terms and Conditions, your permission to use the Data Dot Plus Products will automatically terminate and Data Dot Plus may disable your account. Data Dot Plus reserves the right to revoke your access to and use of the Data Dot Plus Products at any time, with or without cause, and with or without notice.

DISCLAIMER OF WARRANTY

The Data Dot Plus Products, including without limitation all applications, all content and information provided therein or thereby, are provided “AS-IS” and without warranty. Your access to and use of the Data Dot Plus Products is at your own risk. Data Dot Plus disclaims all liability for and is not responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Data Dot Plus Products or any software applications or data made available through the Data Dot Plus Products.

WITHOUT LIMITING THE FOREGOING, DATA DOT PLUS EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE DATA DOT PLUS PRODUCTS MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR APPLICATIONS OR YOUR INFORMATION OR DATA TO UNINTENDED THIRD PARTIES.

DATA DOT PLUS MAKES NO WARRANTY THAT THE DATA DOT PLUS PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA DOT PLUS PRODUCTS WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE DATA DOT PLUS PRODUCTS WILL BE CORRECTED.

DATA DOT PLUS MAKES NO WARRANTY REGARDING THE QUALITY OR LEGALITY OF ANY INFORMATION OR DATA OBTAINED OR USED THROUGH THE DATA DOT PLUS PRODUCTS, OR THAT ANY OF THE FOREGOING WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE FOREGOING WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATA DOT PLUS OR THROUGH THE DATA DOT PLUS WEBSITE OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

The foregoing disclaimers shall survive any termination or expiration of these Terms and Conditions.

Your indemnity

You agree to defend (at Data Dot Plus's request), indemnify, and hold Data Dot Plus, its officers, directors, employees, agents, users, and third party providers harmless from and against any claims, demands, suits, proceedings, investigations, damages, losses, costs, expenses and any and all other liabilities, including, without limitation, reasonable attorneys’ fees, expenses and costs, arising out of or in any way connected with: (i) your access to or use of the Data Dot Plus Products and any activity in which you engage through the Data Dot Plus Products; (ii) your failure to comply with the Terms of Use; (iii) your violation, misappropriation or infringement of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; (iv) your violation of any law, rule or regulation, including without limitation privacy and data security laws; or (v) any claim that any analyses, data, or other information that you submit to the Data Dot Plus Products caused damage to or harmed a third party, including without limitation claims that any analyses, data, or other information that you submit to the Data Dot Plus Products infringes, violates or misappropriates the rights of another.

Limitation of liability

IN NO EVENT WILL DATA DOT PLUS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, GOODWILL, DATA, REVENUE, BUSINESS OR PROFITS OR OTHER PECUNIARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE DATA DOT PLUS PRODUCTS AND/OR SOFTWARE APPLICATIONS, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE DATA DOT PLUS PRODUCTS, INCLUDING WITHOUT LIMITATION RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DATA DOT PLUS PRODUCTS OR ANY SOFTWARE APPLICATIONS, ANALYSES, DATA, AND INFORMATION MADE AVAILABLE THROUGH THE DATA DOT PLUS PRODUCTS; (II) ANY ERROR OR DEFECT IN THE DATA DOT PLUS PRODUCTS; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DATA DOT PLUS PRODUCTS; (IV) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR ANY LOSS OF DATA; (V) OR ANY OTHER MATTER RELATING TO THE DATA DOT PLUS PRODUCTS OR THE DATA AND INFORMATION MADE AVAILABLE THROUGH THE DATA DOT PLUS PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DATA DOT PLUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT DATA DOT PLUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, HARMFUL, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DATA DOT PLUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DATA OR INFORMATION UPLOADED ONTO OR DOWNLOADED OR THROUGH THE PRODUCTS, OR IF YOUR DATA OR INFORMATION IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF DATA DOT PLUS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE DATA DOT PLUS PRODUCTS, AND ANY ANALYSES, CONTENT, OR DATA MADE AVAILABLE THROUGH THE DATA DOT PLUS PRODUCTS, IS LIMITED TO THE GREATER OF (X) THE TOTAL AMOUNT PAID BY YOU TO DATA DOT PLUS FOR THE USE OF THE DATA DOT PLUS PRODUCTS TO WHICH THE CLAIM RELATES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE AND (Y) ONE HUNDRED ($100) U.S. DOLLARS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DATA DOT PLUS AND YOU.

The foregoing limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that Data Dot Plus may cause you intentionally or knowingly in violation of the Terms and Conditions or applicable laws, rules, regulations or guidelines, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

The foregoing limitation of liability shall survive any termination or expiration of these Terms of Use.

Governing law and arbitration

Except for any disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Data Dot Plus arising out of or relating to the Agreement (“Disputes”) shall be governed by the law of North Carolina regardless of your country of origin or where you access the Data Dot Plus Products, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Raleigh, North Carolina, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.

Notwithstanding the foregoing, either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Raleigh would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.

You acknowledge and agree that any claim or dispute arising out of these Terms and Conditions or your use of the Data Dot Plus Products must be brought by you within one year from the date the cause of action first accrued.

The foregoing provision shall survive any termination or expiration of these Terms of Use.

General terms

Severability

If any provision of the Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

Notices

We may post notices to you at the email you provided to me. You may contact me via email at data.dot.plus@gmail.com. Any notices that you provide without compliance with this section on notices shall have no legal effect.

Entire agreement

You agree that the Terms and Conditions and all policies, terms, and other documents referenced herein or applicable to your use of the Data Dot Plus Products constitute the entire, complete and exclusive agreement between you and us regarding the Data Dot Plus Products and supersede all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Data Dot Plus Products shall be of no effect and all such terms or conditions shall be null and void. You acknowledge and agree that your agreement hereunder is not contingent upon the delivery of any future functionality or features not specified herein or dependent upon any oral or written, public or private comments made by Data Dot Plus with respect to future functionality or features for the Data Dot Plus Products. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Data Dot Plus services or applications or third-party content or third party software.

No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

No injunctive relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Data Dot Plus Products.

Assignment and delegation

You may not assign or delegate any rights or obligations under these Terms of Use without our consent. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.

Export control

Your use of the Data Dot Plus Products, including our software, is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

U.S. government users

The Data Dot Plus Products and its documentation is a “Commercial item,” “Commercial computer software” and “Computer software documentation” as defined by the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFARS”). Pursuant to FAR 12.211, FAR 12.212, DFARS, 227.7202-1 through 227.7202-4, and their successors, the U.S. Government acquires the right to use the Data Dot Plus Products and its documentation subject to the terms of this Agreement.

The foregoing General Terms shall survive any termination or expiration of these Terms of Use.