ACCEPTANCE OF TERMS OF USE THROUGH USE By using www.datascension.com (the "Site"), you signify your agreement to all terms of use, conditions and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use, do not use this Site. The information contained and accessed on the Site is provided by Datascension and various affiliates (individually, and/or collectively "Datascension," as the case may be) for general guidance and is intended to offer the user general information of interest. Although affiliated, each of the Datascension companies is a separate and distinct legal entity and any reference made to Datascension herein is merely for the convenience of this Terms of Use. In making this Site available, no client, advisory, fiduciary or other professional relationship is implicated or established and none of the various Datascension affiliates, nor any other person is, in connection with this Site, engaged in rendering legal, investment, advisory, consulting or other professional services or advice. Neither this Site nor any content on or accessed through this Site shall be considered a substitute for the independent investigations and sound technical and business judgment of the user of this Site and the user should consult with a Datascension professional advisor familiar with its particular factual situation for advice or services concerning specific matters. The Web is an evolving medium and therefore Datascension reserves the right, in its sole discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes tacit acceptance of those changes. THIRD PARTY SITES This Site may produce automated search results or otherwise link you to other sites on the Internet. These other sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Datascension, and you hereby acknowledge that Datascension does not make any representation or warranty regarding the accuracy, timeliness, suitability, copyright compliance, legality, decency, or any other aspect of the content of such other sites. Inclusion of any such link on this Site does not imply endorsement of the site, or any other aspect of the information located on such sites by Datascension, nor does it imply any association with its operators. Therefore, your linking to any other site’s pages or any other sites is at your own risk. PROPRIETARY RIGHTS You acknowledge and agree that the trademark(s) listed below are and shall remain the property of Datascension. All other trademarks, servicemarks, logos, and company names (each a "Mark") used in this Site are the property of Datascension, or third parties, and shall remain the property of Datascension and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Datascension or such third party that may own the Mark displayed on the Site. Your use of any Mark displayed on the Site is strictly prohibited. You acknowledge and agree that all other content and materials available on this Site, including, but not limited to, any program, publication, design, product, process, software, technology, information, know how, or idea may be the subject of other rights, including other intellectual property rights, which are owned by Datascension or other interested parties (collectively, the "Content") and are not licensed to you hereunder. Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Datascension, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content or any related materials. Notwithstanding the above, you may print or download one copy of the materials or Content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Datascension is strictly prohibited. In addition, use of the Content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any Content, materials or design elements on this Site is strictly prohibited without the express written permission of Datascension. For information on requesting such permission, please click here. The following are trademarks of Datascension: Datascension USER'S GRANT OF LIMITED LICENSE If you submit any content to this Site for use or consideration by Datascension, you: 1. grant Datascension
the right to use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote such content in any form, anywhere
and for any purpose; and PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please notify Datascension’s Copyright Agent identified below. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, your notice must include the following information to be effective: 1. a physical
or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
Datascension’s
Copyright Agent:
ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE DATASCENSION COMPANY AND ITS RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE DATASCENSION COMPANY AND ITS RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DATASCENSION COMPANY OR ITS RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE DATASCENSION COMPANY AND ITS RESPECTIVE AFFILIATE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNIFICATION By using this Site you agree to defend, indemnify, and hold harmless each of the Datascension company, their respective affiliates, managing directors, principals, agents, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from: (a) any content posted by you to the Site; or (b) any use or misuse of this Site by you. Datascension reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Datascension in asserting any available defenses. INTERNATIONAL USE Recognizing the global nature of the Internet, Datascension makes no representation that Content or materials on this Site are appropriate or available for use in locations outside the United States, and accessing such Content or materials from or distributing such Content or materials to territories where their contents are illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. CHOICE OF LAW AND FORUM These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Datascension with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Datascension with respect to this Site. If any provision of this Terms of Use is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. TERMINATION Datascension
reserves the right, in its sole discretion, to terminate your access
to all or part of this Site, with or without notice.
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