Terms of Service
datalab.cc Terms of Service
Effective Date: 25 May 2018
These Subscriber Terms of Service constitute a binding contract between you (Subscriber or Customer or you) and datalab.cc LLC (Company), regarding the terms under which the Company will provide Subscriber with access to the Services.
BY CLICKING ON THE BUTTON MARKED "I ACCEPT", SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE ("Acceptance").** Subscriber agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Subscriber. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
1) TERMINOLOGY
- "Effective Date" - refers to the date that the Company confirms Subscriber’s right to use the Subscription Website.
- "Exercise Files" - refers to the files (documents, photos, and so on) that an author may use during the applicable course.
- "Gift Subscription" - refers to a right to use the Subscription Website as a recipient of a gift.
- "No Fee Trial" - refers to a temporary right to use the Subscription Website at no charge.
- "Premium Content" - means the Exercise Files and the Standard Content offering within the Subscription Website.
- "Public Website" - means that portion of the Website that is available for use by any person without the need to be a Subscriber.
- "Services" - means the Public Website, the Subscription Website, and their entire contents, features and functionality.
- "Standard Content" - refers to content within the Subscription Website that does not include the Exercise Files.
- "Subscriber" - also referred to as "Member", refers to an individual/entity/organization/institution that has the right to access the Subscription Website.
- "Subscription" - refers to a right to use the applicable portion of the Subscription Website.
2) INFORMATION ABOUT THE COMPANY
datalab.cc LLC is a Utah corporation headquartered at 150 S State Street, Salt Lake City, Utah 84111.
3) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS
- Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the Subscription Website applicable to the Subscription type.
- Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Subscribers and other users of the Website.
4) AVAILABILITY OF WEBSITE
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use.
5) INTELLECTUAL PROPERTY RIGHTS
- The Services are owned by the Company, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other rights laws.
6) COMPANY OBLIGATIONS
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs.
7) FEES AND PAYMENT
- Subscription Fee. Subscriber agrees to pay the applicable fee corresponding to the Services that it wishes to access.
8) TERM AND TERMINATION
- Term. Subscriber may subscribe to the Services for the applicable term.
9) CONFIDENTIALITY
Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information.
10) THIRD PARTY LINKS OR INFORMATION
This Website may contain links to other websites that are not operated by or related to Company.
11) DISCLAIMERS OF STATEMENTS/WARRANTIES
Subscriber’s use of the Services is at its own risk. The Services are provided on an "AS IS" basis.
12) LIMITATION OF LIABILITY
Company does not in any way exclude or limit its liability for (I) death or personal injury caused by its negligence; (II) fraud or fraudulent misrepresentation.
13) INDEMNITY
Subscriber agrees to compensate and defend fully Company from any damages, losses, and expenses resulting from any third-party claim arising out of any breach by Subscriber.
14) SURVIVAL
All provisions relating to proprietary rights, payment of fees, and confidentiality shall survive termination of these Terms of Service.
15) CHANGES
The Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs.
16) ASSIGNMENT
Subscriber may not transfer these Terms of Service, in whole or in part.
17) INJUNCTIONS
Company may seek an injunction to prevent Subscriber from breaching confidentiality or proprietary rights.
18) GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the State of Utah.
19) NOTICES
Legal notices may be sent to businessaffairs@datalab.cc.
20) FORCE MAJEURE
Company will not be liable for any failure to perform caused by events outside its reasonable control.
21) PRIVACY POLICY AND WEBSITE USE POLICY
Subscriber agrees to comply with the then-current Website Use Policy and Privacy Policy.
22) CHILDREN
We are not a site targeted at children or those under the age of 18.
23) NO THIRD PARTY BENEFICIARIES
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary.
24) SEVERABILITY
If any provision is held by a court to be contrary to law, such provision shall be interpreted to achieve the objectives of the original provision.
25) WAIVER AND AMENDMENT
If Company fails to insist upon strict performance of any rights, this will not constitute a waiver.
26) GEOGRAPHIC RESTRICTIONS.
No Service Functionality may be downloaded or exported to certain restricted countries.
27) COMPLETE UNDERSTANDING
These Terms of Service, together with the Website Policy and Privacy Policy, constitute the entire agreement between Subscriber and Company with respect to the Services.