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Website Use Terms and Conditions and Agreement Between Us |
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Welcome to the Direct Data Storage, Inc. website. Please review the following terms and conditions that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by these terms and conditions. General Disclaimer While all attempts have been made to ensure the accuracy and reliability of all the materials that are part of this website, including, but not limited to, the information, advertisements, images, graphics, illustrations, designs, icons, and photographs (collectively, the "Materials"), Direct Data Storage, Inc. does not represent or endorse the accuracy or reliability of any of the Materials contained on, distributed through, or linked, downloaded or accessed from this website, nor the quality, reliability or accuracy of any products or other materials manufactured or supplied by others. This website may contain hyperlinks to websites operated by others ("Linked Sites'). Direct Data Storage, Inc. does not operate or control any information, products or services on the Linked Sites. THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE PROVIDED BY DIRECT DATA STORAGE, INC. ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIRECT DATA STORAGE, INC. DOES NOT WARRANT THAT THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE COMPLETE, ACCURATE, RELIABLE OR ERROR FREE OR THAT THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIRECT DATA STORAGE, INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF THE MATERIALS. PRICES, SPECIFICATIONS AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE AND MATERIALS, THAT YOUR USE OF THE WEBSITE AND MATERIALS AND ANY LINKED SITE(S), AND ANY RELIANCE UPON THEM, IS YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S), AND THAT DIRECT DATA STORAGE, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, THE MATERIALS IT CONTAINS OR ANY LINKED SITE(S). It is the policy of Direct Data Storage, Inc. to respect the privacy of individuals who visit the website or provide Comments to us. We collect addresses, names and other information from users of our website in two ways: (1) through the affirmative act of a user to place his or her name on or off our catalog mailing list by specifically entering data for that purpose, by placing an order, or by entering one of our contests and (2) through a log of all traffic on our website. In the former case, our purpose is to assist customers who have expressed interest in receiving information on our products; you may remove your name and other personal information from our mailing list by following the directions on the mailing list page. In the latter case, our purpose for collecting the information is to analyze the use of our website and improve its format and functionality; you may remove your name and other information from our log by contacting the current website administrator, (contact information is provided at the end of this document). We do not use any personally identifiable information for any purpose other than those we have described here. We do not sell or rent any personally identifiable information about you to any third party
A cookie is a small file generated by our website and stored locally on your computer. A cookie is generated when you add an item to our shopping cart. The cookie keeps track of the items in the shopping cart. We do not use cookies to collect personally identifiable information about our visitors. You are not required to accept cookies to browse our website. However to use our shopping cart your web browser must allow cookies. Copyright & Trademark Information Unless otherwise noted all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to or by Direct Data Storage, Inc. All manufacturer and product names mentioned on the website are the trademarks of their respective owners. The website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned and reserved by Direct Data Storage, Inc. The Materials of the website, and the website as a whole, are intended solely for personal use by the users of our site. You may download or copy any of the Materials only for the purposes of placing an order with Direct Data Storage, Inc. or using the website as a shopping resource. If you copy or download any of the Materials you must keep intact all copyright, trademark and other proprietary notices appearing on such materials. No right, title or interest in any downloaded Materials is transferred to you as a result of, any such downloading or copying. You may not copy or reproduce (except as noted above), publish or post, publicly display or perform, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Materials or the website as a whole. Your Comments We appreciate your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit to us (collectively, "Comments"). Direct Data Storage, Inc. is not obligated to keep the Comments confidential or pay you or anyone else any money for your Comments. The Comments shall be solely the property of Direct Data Storage, Inc., Direct Data Storage, Inc. shall own solely all rights, titles and interests in and to the Comments, and Direct Data Storage, Inc. shall not be limited in any way in its use of any Comments. You acknowledge that you are solely responsible for any Comments you make. Indemnification You agree to defend, indemnify and hold Direct Data Storage, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of our website, the Materials it contains and any Linked Site(s). Direct Data Storage, Inc. is not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from (a) any information provided on this Website, the Materials it contains and any Linked Site(s) or (b) the use of, or the inability to use this website or any Linked Site(s). If you are dissatisfied with the Direct Data Storage, Inc. website or any Materials contained in the website, or any Linked Site(s), or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website, any Materials contained in the website and any Linked Site(s). The total liability of Direct Data Storage, Inc. to you for any claim arising from or relating to these Terms and Conditions or use of this website shall not exceed one hundred dollars (US$100). Termination This Agreement is effective unless and until terminated by Direct Data Storage, Inc. Direct Data Storage, Inc. may terminate this Agreement at any time without notice to you, and accordingly deny you access to the website in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement by Direct Data Storage, Inc., you must promptly destroy all Materials downloaded or otherwise obtained from this website, as well as all copies of such materials. In addition, by providing the Materials on our website, Direct Data Storage, Inc. does not in any way promise that the Materials or the website will remain available to you. Direct Data Storage, Inc. may terminate all or part of its website at any time without notice to you. Law That Governs This Agreement This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. You agree to bring any claims arising under this Agreement exclusively in the federal courts of the State of Colorado. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Modification Direct Data Storage, Inc. may modify this Agreement at any time by simply updating this posting and without notice to you. You will be bound by all such modifications, whether or not you have notice thereof. This website is controlled and operated by Direct Data Storage, Inc. from its offices in Falcon, Colorado, USA. Any questions, comments, suggestions or notices should be provided to the current website administrator as follows:
Arbitration Of Disputes Any controversy, claim or dispute between you and Direct Data Storage, Inc., which cannot be resolved through negotiations between the parties shall be finally settled by arbitration as provided herein. If the parties fail to reach a settlement of their dispute within thirty (30) days after the earliest date upon which one of the parties notifies the other(s) in writing of the existence of and its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group of Denver, Colorado, any successor of the Judicial Arbiter Group, or any similar arbitration provider who can provide a former judge to conduct the arbitration if the Judicial Arbiter Group is no longer in existence ("JAG"). The arbitrator shall be selected by JAG, if possible, on the basis of his or her expertise in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, nonappealable and binding upon the parties, and it may be entered in any court of competent jurisdiction; provided, however, that any party to the arbitration proceeding may seek a court order vacating the decision of the arbitrator in accordance with the provisions of and on the grounds set forth in C.R.S. § 13-22-214 and/or a modification or correction of the arbitrator's award in accordance with the provisions of C.R.S. §§ 13-22-211 or 13-22-215, and may take an appeal from court orders related to the arbitration proceeding or award as provided in C.R.S. § 13-22-221. The arbitration shall take place in Colorado Springs, Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. Discovery shall be permitted and shall be completed in accordance with the time limitations prescribed in the Colorado Rules of Civil Procedure, unless extensions of such time limitations are approved by all parties to the arbitration or are ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension of time. The arbitrator shall have the power to grant equitable relief where available under Colorado law, and shall be entitled to make an award of punitive damages where such an award is permitted by Colorado law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded. The obligation of the parties to submit any dispute to arbitration as provided in this section shall survive the expiration or earlier termination of any agreement or contract between the parties. In the event of any arbitration or litigation being filed or instituted between the parties, the prevailing party will be entitled to receive from the other party or parties its attorneys' fees, witness fees, costs and expenses, court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted to judgment or other forms of relief. The "prevailing party" is that party which is awarded judgment or other legal or equitable relief as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by such party. If both parties receive a judgment, settlement payment or other award or relief, the court or the arbitrator shall determine which party is the prevailing party, taking into consideration the merits of the claims asserted by each party, the relative values of the judgments, settlements or other forms of relief received by each party, and the relative equities between the parties. Entire Agreement This is the entire agreement between us regarding all matters that have been discussed in the preceding paragraphs. |
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