Terms of Use
Trademarks
In the creation of a business, one must be especially careful not to violate any trademarks being used by other people or companies. In 1976, the Lanham act defined a trademark as a “work, name, symbol, devise, or other designation, or a combination of such designations, that is distinctive of a person’s goods or services and that is used in a manner that identifies and distinguishes them from the goods or services of others” [(15 U.S.C., Sec. 1127 (2000)]. Our company, Diversified Data Technologies, will have a website and brand that can be seen by essentially anyone in the world, so our trademark must fit this widespread availability appropriately. In order to insure compliance with the law, all trademarks and trade names will conform to the legal naming factors. These factors take into consideration the strength of the trademark, if it is “confusingly similar” to other trademarks of companies that produce similar goods or services, the existence of wrongful intent, and the duration of the period in which the defendant used the mark without actual confusion. If Diversified Data Technologies ever is the subject of a trademark infringement case, the plaintiff would need to prove either an actual loss of profits or the potential for such a loss immediately resulting from the infringement. Securing and registering our trademarks in advance with the pertinent governmental office will alleviate such trademark liability.
On a slightly different note, the possibility exists for a case of trademark dilution. This could occur if Diversified Data Technologies used a trademark or likeness of a considerably famous company, and the use of such a trademark either blurred or tarnished the trademark’s meaning or value. In the case of trademark dilution, the plaintiff is not responsible for proving an immediate likelihood of confusion, nor do the two companies need to operate in the same line of business. To prevent this from occurring, Diversified Data Technologies will uphold high ethical standards, use likenesses with permission, and give trademark owners the opportunity to notify us if any infringing material is found to be presented by the company.
Finally, Diversified Data Technologies could be accused of the wrongful registration of a domain name if our website was confusingly similar to that of a website or company already in operation. The plaintiff would need to prove that our use of the domain name was not legitimate and constituted “bad faith” use, generally indicating the intent simply to purchase a domain name in order to auction it off for a profit later. Since this is not the case and all governmental records have been checked both at the state and federal level, there should be no such liability held by the company.
One of the most crucial steps to avoid accusations of the trademark violations mentioned above is to register the trademark with the United States Patent and Trademark Office, or USPTO. By federally registering a trademark, Diversified Data Technologies would earn the rights to exclusive use of the mark and could thereby display the ® symbol next to its trademark on websites, advertisements, and other visual reproductions of the mark. Because Diversified Data Technologies is not a generic mark, or a common phrase used to describe a number of things, the trademark “Diversified Data Technologies” has received recognition by the state of Massachusetts, and would be likely to receive protection by the USPTO from possible infringers.
To register future trademarks, our company will simply file an application with the USPTO, and then our rights to the trademark will last for up to ten years without renewal. At the end of the fifth year, Diversified Data Technologies would need to indicate to the USPTO that the trademark is still in use and the federal registration should remain valid. After the tenth year, the company can renew the registration as much as necessary, and there is no limit on the life of the trademark ownership.
Copyrights
By definition, copyrights are intended to protect “original works of authorship fixed in a tangible medium of expression.” In the case of Diversified Data Technologies, this concept is most applicable in terms of the company website content, business plan, and promotional materials. The website itself could be considered an original creative work, and therefore has earned the right to protection under federal copyright law. Copyright law does not require that the content in question be used in commerce, but in the case of the Diversified Data Technologies website, the site is used as the primary means of earning revenue, and is therefore crucial to the company’s success. If Diversified Data Technologies obtains a copyright for its web content, the rights will be valid for seventy years beyond the life of the creator. During this time, the website can only be used in accordance with the terms of “fair use,” which state that public copying of content from any company copyrighted materials should be non-commercial, informative, limited in relation to the content of the entire document or site, and should not cause any reduction in the potential or actual value of the website to the Diversified Data Technologies company. The company has exclusive rights to display and distribute the website and other materials to the general public, and any violation of these rights can end in a lawsuit to reestablish proper use of the site.
Patents
Patents, at first glance, may seem somewhat unrelated to the Diversified Data Technologies concept. To most Americans, a patent is simply the protection of a physical concrete invention. However, the concept can also be applied to any idea that is novel, useful, and non-obvious to the average person. Stated very simply, a patent forbids other people and companies from providing a patented good or service to the public for twenty years from the date that the patent application is filed. For instance, Diversified Data Technologies could obtain a business method patent for our unique methods. This would prohibit other companies from deriving any sort of economic benefit from our original ideas for the life of the patent. However, an issue could arise if another company developed a similar business method without the knowledge of Diversified Data Technologies. The United States traditionally awards the patent to the person or organization who can prove that they invented the patentable item first, rather than deciding based on who filed the patent application first. This system was implemented in order to discourage inventors from rushing the creative process in order to simply obtain a patent. When inventors are allowed to take their time, the end result is bound to be much better. In some cases, the question of who rightfully deserves the patent would be very difficult to answer fairly and may result in neither company being awarded the patent if neither can prove that they were the first to invent the product or idea.
Trade Secrets
Similar to patents, trade secrets include ideas that help a business to perform better than its competitors, but need not necessarily be specific methods or processes. For instance, the company’s financial statements, before released to the public, are considered private information that could potentially harm or help the company’s relationship with investors and stock prices, if the company is ever publicly traded. In the case of Diversified Data Technologies, our method of searching for a client’s name on the internet and thereby trying to dissolve any potential threat to his or her reputation is our most important trade secret. If we wanted to hold an employee liable for the release of a trade secret, such as our search method, we would need to prove that a “reasonable person” would have known that the distribution of the secret was a wrongful act and would not have shared the information with the public. Diversified Data Technologies would also need to prove that the information was, in fact, a trade secret, and that we were the rightful owners of the information. When companies lay off employees, a concern may be that trade secrets will be spread to competitors. To calm this fear to some extent, many companies require their employees to sign a confidentiality agreement forbidding the employee to release any of the company’s private information. Furthermore, some companies even institute a sort of “cooling off” period after an employee leaves a position, forbidding him or her from working for a direct competitor within a given period of time. This is called a non-compete agreement which employees will sign to a 2 year term beginning at the leave from the company as well as during their tenure at the company too.
Jurisdiction
Diversified Data Technologies is a Limited Liability Company organized in the state of Massachusetts. As a resident of the state of Massachusetts, it is in the company’s best interest to let Massachusetts law preside over any issues with the business and for any litigation brought against the company to be heard in its home state. While aspects of Diversified Data Technologies will be virtual (ie the website) and thus able to be seen at all times and in all locations with internet access, the company will only seek to do business within the continental United States, and specifically in the state of Massachusetts. As such, our terms of use shall include a forum selection clause that states that:
“These Terms and the relationship between you and Diversified Data Technologies shall be governed by the laws of the State of Massachusetts as applied to agreements made, entered into, and performed entirely in Massachusetts by Massachusetts residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Diversified Data Technologies Websites shall be brought in the Federal or State courts located in Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Diversified Data Technologies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Diversified Data Technologies and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the DIVERSIFIED DATA TECHNOLOGIES Websites.”
When enacted, the stated terms of use may effectively cause the plaintiff to bring suit against the organization in the state of Massachusetts. It is only if Diversified Data Technologies begins to hire out of state employees (otherwise known as “contacts” within the foreign state) or purposefully avails itself of business in the foreign state that may effectively undue its statement of jurisdiction. It is in those situations where a judge may deem Diversified Data Technologies to have committed a wrongful act in another state and use the state’s long arm statute with specific jurisdiction to hold the case in the foreign court.
Terms of Use
Diversified Data Technologies’ terms of use lay a legal foundation for proper use of its website. The terms of use is an important document which claims no liability for the company given certain provisions and provide an outline for the operations of Diversified Data Technologies and its online presence. It sets a legal outline for the expectations and roles that both the user and Diversified Data Technologies will adhere to in regards to utilization of the company’s services. Below is a copy of Diversified Data Technologies’ terms of use which were fashioned after Hewlett-Packard’s.
“READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT DIVERSIFIED DATA TECHNOLOGIES MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT DIVERSIFIED DATA TECHNOLOGIES MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “DIVERSIFIED DATA TECHNOLOGIES WEBSITE.”
Use of Diversified Data Technologies Websites
Except as set forth in “Other agreements; software, services or access”, below, Diversified Data Technologies authorizes you to use the Diversified Data Technologies Website only for your own personal, non-commercial purposes. Use of the Diversified Data Technologies Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Diversified Data Technologies, Diversified Data Technologies owns the Diversified Data Technologies Website. The Diversified Data Technologies Website is protected under United States and international copyright laws. Any unauthorized use of the Diversified Data Technologies Website may violate copyright, trademark, and other laws.
Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the DIVERSIFIED DATA TECHNOLOGIES Website and for paying all charges related thereto. When you register to open an account anywhere on the DIVERSIFIED DATA TECHNOLOGIES Website, or when you contact DIVERSIFIED DATA TECHNOLOGIES through the DIVERSIFIED DATA TECHNOLOGIES Website for the purpose of receiving products or services, DIVERSIFIED DATA TECHNOLOGIES may collect certain personal information about you. DIVERSIFIED DATA TECHNOLOGIES’s use of such information is governed by the provisions of the DIVERSIFIED DATA TECHNOLOGIES Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your DIVERSIFIED DATA TECHNOLOGIES Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your DIVERSIFIED DATA TECHNOLOGIES Website password and you are solely responsible for all activities that occur under your password. You agree to notify DIVERSIFIED DATA TECHNOLOGIES immediately of any unauthorized use of your password or any other breach of security related to the DIVERSIFIED DATA TECHNOLOGIES Website. DIVERSIFIED DATA TECHNOLOGIES reserves the right to require you to change your password if DIVERSIFIED DATA TECHNOLOGIES believes that your password no longer is secure. Access to DIVERSIFIED DATA TECHNOLOGIES Website granted under other separately executed agreements by DIVERSIFIED DATA TECHNOLOGIES and You shall supersede the terms contained in this Section.
Prohibited uses
You agree not to use the DIVERSIFIED DATA TECHNOLOGIES Website (including, without limitation, any Materials or Services you may obtain through your use of the DIVERSIFIED DATA TECHNOLOGIES Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the DIVERSIFIED DATA TECHNOLOGIES Website or servers or networks connected to the DIVERSIFIED DATA TECHNOLOGIES Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the DIVERSIFIED DATA TECHNOLOGIES Website; or (y) attempt to gain unauthorized access to any portion of the DIVERSIFIED DATA TECHNOLOGIES Website or any other accounts, computer systems, or networks connected to the DIVERSIFIED DATA TECHNOLOGIES Website, whether through hacking, password mining, or any other means.
Termination
Except as set forth in “Other agreements; software, services or access”, below, DIVERSIFIED DATA TECHNOLOGIES may terminate, suspend, or modify your registration with, or access to, all or part of the DIVERSIFIED DATA TECHNOLOGIES Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the DIVERSIFIED DATA TECHNOLOGIES Website at any time. If you breach any of these Terms, your authorization to use the DIVERSIFIED DATA TECHNOLOGIES Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Disclaimers
THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT DIVERSIFIED DATA TECHNOLOGIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. DIVERSIFIED DATA TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIVERSIFIED DATA TECHNOLOGIES MAKES NO WARRANTY THAT THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE WILL BE CORRECTED. DIVERSIFIED DATA TECHNOLOGIES MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE OR FROM DIVERSIFIED DATA TECHNOLOGIES, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE DIVERSIFIED DATA TECHNOLOGIES PARTIES”) SHALL CREATE ANY WARRANTY. DIVERSIFIED DATA TECHNOLOGIES DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE DIVERSIFIED DATA TECHNOLOGIES PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE DIVERSIFIED DATA TECHNOLOGIES WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY DIVERSIFIED DATA TECHNOLOGIES PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any DIVERSIFIED DATA TECHNOLOGIES Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the DIVERSIFIED DATA TECHNOLOGIES Party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
DIVERSIFIED DATA TECHNOLOGIES may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to DIVERSIFIED DATA TECHNOLOGIES Website under the terms of a separate agreement between you and DIVERSIFIED DATA TECHNOLOGIES (each, an “Other Agreement”). DIVERSIFIED DATA TECHNOLOGIES’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the DIVERSIFIED DATA TECHNOLOGIES Website (“Software”) is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to DIVERSIFIED DATA TECHNOLOGIES Website
DIVERSIFIED DATA TECHNOLOGIES reserves the right to modify, suspend, or discontinue the DIVERSIFIED DATA TECHNOLOGIES Website at any time without notice to you. For example, DIVERSIFIED DATA TECHNOLOGIES may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and DIVERSIFIED DATA TECHNOLOGIES makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local DIVERSIFIED DATA TECHNOLOGIES business contact for information regarding the products, programs, and services that may be available to you.
User submissions
Certain areas of the DIVERSIFIED DATA TECHNOLOGIES Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to DIVERSIFIED DATA TECHNOLOGIES an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that DIVERSIFIED DATA TECHNOLOGIES deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). DIVERSIFIED DATA TECHNOLOGIES reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. DIVERSIFIED DATA TECHNOLOGIES may, but is not obligated to, pre-screen User Submissions or monitor any area of the DIVERSIFIED DATA TECHNOLOGIES Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. DIVERSIFIED DATA TECHNOLOGIES is not required to host, display, or distribute any User Submissions on or through the DIVERSIFIED DATA TECHNOLOGIES Website and may remove at any time or refuse any User Submissions for any reason. DIVERSIFIED DATA TECHNOLOGIES is not responsible for any loss, theft, or damage of any kind to any User Submissions. DIVERSIFIED DATA TECHNOLOGIES does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that DIVERSIFIED DATA TECHNOLOGIES will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. DIVERSIFIED DATA TECHNOLOGIES does not guarantee that you will have any recourse through DIVERSIFIED DATA TECHNOLOGIES or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to DIVERSIFIED DATA TECHNOLOGIES the rights in your User Submissions described herein;(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to DIVERSIFIED DATA TECHNOLOGIES described herein;(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;(f) you voluntarily agree to waive all “moral rights” that you may have in your User Submission;(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Linking to this Site
You may create links to this Site from other website, but only in accordance with the following terms and in compliance with all applicable laws. Absent DIVERSIFIED DATA TECHNOLOGIES’ written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any DIVERSIFIED DATA TECHNOLOGIES logo); (b) shall not create a browser or border environment around any Materials;(c) shall not imply that DIVERSIFIED DATA TECHNOLOGIES endorses such website or any products, services, or content available through such website; (d) shall not misrepresent its relationship with DIVERSIFIED DATA TECHNOLOGIES; (e) shall not present false or misleading information about DIVERSIFIED DATA TECHNOLOGIES, its products, or its services; (f) shall not contain content that could be construed as distasteful, offensive, or controversial; and (g) shall contain only content that is appropriate for all age groups.
Trademarks
DIVERSIFIED DATA TECHNOLOGIES and any other product or service name or slogan or logo contained in the DIVERSIFIED DATA TECHNOLOGIES Website are trademarks of DIVERSIFIED DATA TECHNOLOGIES and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DIVERSIFIED DATA TECHNOLOGIES or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with DIVERSIFIED DATA TECHNOLOGIES or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing any name, trademark, or product or service name of DIVERSIFIED DATA TECHNOLOGIES without DIVERSIFIED DATA TECHNOLOGIES’ prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of DIVERSIFIED DATA TECHNOLOGIES and may not be copied, imitated, or used (in whole or in part) without DIVERSIFIED DATA TECHNOLOGIES’ prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by DIVERSIFIED DATA TECHNOLOGIES.
Procedure for making claims of infringement (In accordance with the DMCA)
DIVERSIFIED DATA TECHNOLOGIES respects the intellectual property rights of others. Accordingly, DIVERSIFIED DATA TECHNOLOGIES has a policy of removing User Submissions that violate copyright law, suspending access to the DIVERSIFIED DATA TECHNOLOGIES Website (or any portion thereof) to any user who uses the DIVERSIFIED DATA TECHNOLOGIES Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the DIVERSIFIED DATA TECHNOLOGIES Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, DIVERSIFIED DATA TECHNOLOGIES has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the DIVERSIFIED DATA TECHNOLOGIES Website, please provide written notice to the following DIVERSIFIED DATA TECHNOLOGIES agent for notice of claims of infringement:
Attn: David Lanphear
Diversified Data Technologies
Mailbox 304
3 Cherry Street
Newburyport, MA 01950
E-mail: Inquiries@TheDDTech.com
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow DIVERSIFIED DATA TECHNOLOGIES to locate that material;
(d) contain adequate information by which DIVERSIFIED DATA TECHNOLOGIES can contact you (including postal address, telephone number, and e-mail address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to DIVERSIFIED DATA TECHNOLOGIES’ designated agent, as they will be deleted upon receipt.
U.S. government restricted rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software,” or to clauses providing DIVERSIFIED DATA TECHNOLOGIES equivalent protections in DFARS or other agency specific regulations.
International and export issues
DIVERSIFIED DATA TECHNOLOGIES administers this Site from its office in Newburyport, Massachusetts. DIVERSIFIED DATA TECHNOLOGIES makes no representation that the DIVERSIFIED DATA TECHNOLOGIES Website is appropriate or available for use outside the United States and access to the DIVERSIFIED DATA TECHNOLOGIES Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the DIVERSIFIED DATA TECHNOLOGIES Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the DIVERSIFIED DATA TECHNOLOGIES Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification
You agree to indemnify, defend, and hold harmless the DIVERSIFIED DATA TECHNOLOGIES Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. DIVERSIFIED DATA TECHNOLOGIES reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DIVERSIFIED DATA TECHNOLOGIES’ defense of such claim.
Electronic communications
When you visit the Site or send e-mails to DIVERSIFIED DATA TECHNOLOGIES, you are communicating with DIVERSIFIED DATA TECHNOLOGIES electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that DIVERSIFIED DATA TECHNOLOGIES provides to you electronically satisfy any legal requirement that such communications be in writing.
General
These Terms, together with any additional terms to which you agree when using particular elements of the DIVERSIFIED DATA TECHNOLOGIES Website, constitute the entire and exclusive and final statement of the agreement between you and DIVERSIFIED DATA TECHNOLOGIES with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and DIVERSIFIED DATA TECHNOLOGIES with respect to such subject matter. The DIVERSIFIED DATA TECHNOLOGIES Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and DIVERSIFIED DATA TECHNOLOGIES shall be governed by the laws of the State of Massachusetts as applied to agreements made, entered into, and performed entirely in Massachusetts by Massachusetts residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the DIVERSIFIED DATA TECHNOLOGIES Website shall be brought in the Federal or State courts located in Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of DIVERSIFIED DATA TECHNOLOGIES to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of DIVERSIFIED DATA TECHNOLOGIES and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the DIVERSIFIED DATA TECHNOLOGIES Website. These Terms will be interpreted without application of any strict construction in favor of or against you or DIVERSIFIED DATA TECHNOLOGIES. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DIVERSIFIED DATA TECHNOLOGIES without restriction.
Modifications to these Terms
DIVERSIFIED DATA TECHNOLOGIES may, in its sole and absolute discretion, change these Terms from time to time. DIVERSIFIED DATA TECHNOLOGIES will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the DIVERSIFIED DATA TECHNOLOGIES Website. Continued use of the DIVERSIFIED DATA TECHNOLOGIES Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the DIVERSIFIED DATA TECHNOLOGIES Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.