Data Preserve, Inc.®

Website Terms of Use

This web site is owned and operated by DataPreserve Inc. (“DataPreserve” or “us”). Please read these terms carefully before using our web site. Using this web site indicates that you accept these terms. If you do not accept these terms, please do not use this web site.

Copyright Restrictions

All content on this web site is the property of DataPreserve or other third parties and is copyrighted by DataPreserve or such third parties unless otherwise indicated. All rights are reserved by DataPreserve. Neither this web site nor the content may be reproduced, downloaded, disseminated, published or transferred in any form or by any means, except under a subscription for one of our services; with the prior written permission of DataPreserve; or as expressly permitted herein. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Limited License to Access and Use

We grant you a limited license to access this web site and download pages or other content for your own use (or the use of your business) on a single computer. This license does not permit you to resell or make any commercial use of the contents of this web site.

Privacy

Please review our Privacy Policy, which tells you about our procedures for protecting the information you provide to us online.

Your Account

If you become a subscriber or member on our web site, you will create an account with us which shall have a unique user name and password. You are responsible for maintaining the security and confidentiality of your user name, password and other account information. You agree to accept responsibility for all activity that occurs under your Account.

Right to Refuse Membership or Subscription Orders

We reserve the right to refuse your request to become a member and/or subscriber for any or no reason. We further reserve the right to terminate your membership and/or subscription at any time and in our sole discretion.

Links to Other Materials

This web site may link to other web sites that may be of interest to you. These linked sites are not under our control and we are not responsible for their content. We do not endorse any third party product or service or any non-DataPreserve company to which the web site provides a link. If you decide to access any linked site, you do so at your own risk. We reserve the right to terminate any link or linking program at any time.

Disclaimer

This web site and all materials are provided “as is” and “as available” and without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We do not warrant that this web site, its servers, or e-mail sent from us: (a) are free of viruses or other harmful components; (b) will be available for use at all or any times; or (c) will work without error. You agree that your use of this web site is at your sole risk. Although certain warranties may apply to information available by subscription, DataPreserve does not warrant the accuracy or completeness of the content of the web site; may change the content at any time without notice; and makes no commitment to update the content.

Limitation of Liability

In no event will DataPreserve, its suppliers, any third parties mentioned at this web site or any other party involved in creating, producing or distributing this web site or its contents be liable for any damages whatsoever arising out of the use, inability to use, or the results of this web site, any web sites linked to this web site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, including, but not limited to, direct, indirect, incidental, punitive, consequential damages, those damages resulting from lost profits, lost data, business interruption, mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this web site). Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; the above limitation may not apply to you.

Applicable Law

By visiting our web site, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that may arise between you and us. Any dispute that you may have with us must be submitted to confidential arbitration in Phoenix, Arizona. Arbitration conducted under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or cause of action that you may have with respect to your use of this web site must be commenced within one (1) year after the claim arises.

Changes to Terms of Use

We may modify these Terms of Use from time to time, so please check it occasionally. Your continued use of this web site following the posting of any changes to these terms will mean you accept these changes.

How to Contact Us

Should you have any other questions or concerns about the Terms of Use, please contact us at 480-422-1600 or send e-mail to info@DataPreserve.com.

This policy is effective July 1, 2010.

All contents © 2003-2010 DataPreserve, Inc. All rights reserved. The DataPreserve shield and  “DataPreserve”  are registered service marks of DataPreserve, Inc.

Privacy Policy

This web site is owned and operated by DataPreserve, Inc. We are committed to maintaining your confidence and trust. We have established this Privacy Policy to protect the information you provide to us online. By using this web site you agree to the terms of this Privacy Policy.

Collection of Personal Information

For the purposes of this Privacy Policy, “Personal Information” means any information by which you (or your company, if applicable) can be individually identified, and includes your name, your address (or company name and address, if applicable), your telephone number, your e-mail address, your social security number (or employer identification number, if applicable) and similar types of information.

We will not collect any Personal Information about you or your company unless you provide it voluntarily. If you do not want this information to be collected, please do not submit it.

Use of Personal Information

We will only use your Personal Information to:

• provide you with the services, products or information which you have requested;
• correspond with you about your request or submission;
• inform you about other DataPreserve services that may be of interest to you and your business;
• and provide your company’s name to the technology agent whose code you indicated in your purchase of DataPreserve subscription services.

We do not sell, trade, rent or otherwise distribute your Personal Information to third parties, unless we are legally required to do so. We will keep your Personal Information only for so long as we need to do so.

By checking the “No Contact” box when you become a Member or Subscriber, you inform us that you do not want additional information from us about other DataPreserve services. We will honor this request.

Collection of Passive Information

We use “cookies” to track your visits to our web site. Cookies are small amounts of data that we send to your computer through your web browser. Cookies allow us to recognize you upon your return to our web site; track where you go on our web site; and make it easier for you to return to our web site. You are always free to decline our cookies if your browser permits; however, removing cookies may reduce the speed at which you move through our web site and cookies must be accepted if you choose to become a DataPreserve Member or Subscriber.

Use of Passive Information

We use passive information to:

• improve the usefulness of the web site;
• help us improve our services to you and your business;
• and assist with our marketing programs and other internal purposes.

Security

We have implemented a number of security features to prevent the unauthorized release of, or access to, your Personal Information. Financial data such as credit card numbers are not stored on the web site and all Personal Information and financial data is encrypted when submitted to the web site by you.

Please be advised, however, that although we have endeavored to create a secure and reliable web site for you, the confidentiality of any communication or material transmitted to or from DataPreserve via the DataPreserve web site or e-mail cannot be guaranteed. When disclosing any Personal Information, you should remain mindful of the fact that it is potentially accessible by unauthorized persons and, consequently, may be collected by unauthorized persons and used without your consent. DataPreserve disclaims all liability for the security of information transmitted through the Internet.

Access to and Storage of Your Personal Information

If you would like to correct or change your Personal Information, please send an email to info@DataPreserve.com. If you decide to terminate your membership or subscription, your Personal Information will be removed from the web server, although we will maintain it in our files.

Policy Changes

We may modify this Privacy Policy from time to time, so please check it occasionally. Your continued use of this web site following the posting of any changes to these terms will mean you accept these changes.