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Terms of Use

AccuData Terms of Use

Last amended: April 11, 2007

These Terms of Use are between you and AccuData Integrated Marketing, a Washington corporation (“we,” “us,” and “our”). Your use of the AccuData.com website or any affiliated websites (the “Website”) constitutes an acknowledgement that you have read the most recent version of the Terms of Use and that you agree to adhere to its terms. If you do not agree to be bound by these Terms of Use, please cease all further use. We reserve the right to amend these Terms of Use at any time.

1. Access to Website

Limited License. We grant you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify any portion of the Website without our prior written approval. You shall not use any robot, spider or other device to monitor the Website in any manner. We may terminate this license at any time.

2. Policies Governing Use of the Website

Links to the Website. You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else’s website. You shall not deep link to or scrape any page on the Website or otherwise link in a manner that bypasses the Website home page.

Privacy Statement. Our use of your information shall be governed at all times by our Privacy Statement.

Links to Other Websites. We may place links on the Website to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that we are not responsible for, nor do we endorse or support, the operation of or content located on any such website, and we cannot and do not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against us for any damages or losses of any kind arising from the third-party website and/or the link.

3. Intellectual Property

Trademarks. AccuData and other marks, logos, graphics, and trade dress used on the Website are our trademarks or the trademarks of our affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval.

License to Submitted Suggestions and Ideas. If you submit material to the Website, you grant us and our affiliates a nonexclusive, worldwide royalty-free, perpetual, irrevocable, transferable, sublicensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material in any manner. You grant us and our affiliates the right to use your name that you submit in connection with such material, if they choose.

4. Disclaimer of Warranty; No Consequential Damages; Limitation of Liability

Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. We DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

No Consequential Damages. In no event shall WE or any of OUR affiliates be liable to you for any special, consequential, incidental, indirect, punitive or exemplary damages, or lost profits or for the cost of procurement of substitute goods or services, however caused, including through the use of the Website, OR the provision of services thereby.

Limitation of Liability. Notwithstanding anything to the contrary herein, OUR aggregate liability to you arising out of or related in any way to these Terms of Use shall not exceed the aggregate amount paid by you to US under These Terms of Use during the six-month period immediately preceding the date upon which the event giving rise to the claim against US arose.

5. Miscellaneous

Choice of Law; Jurisdiction. These Terms of Use shall be governed and interpreted in accordance with the substantive law of the State of Florida without regard to its conflict of law provisions. You agree to the exclusive jurisdiction of the courts located within Lee County, Florida. You understand that this website is directed only to residents of the United States.

Severability. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity, legality or enforceability of the remaining provisions.

Survival. Any section of these Terms of Use that by its terms and nature is meant to survive the termination of these Terms of Use, shall survive such termination.

Entire Agreement. These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

You are hereby advised that we currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web beacons and cookies provided by our marketing company on this site. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company manages the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can “opt-out” of our ability to analyze such data by contacting us at info@accudata.com.

© 2007 AccuData Integrated Marketing. All Rights Reserved.