By using DataStoreX, you agree to the provisions contained in these Terms of Use, which govern your use of DataStoreX's services. If you do not accept these Terms of Use, you are not authorized to use DataStoreX. DataStoreX is built on trust. Your agreement with these Terms of Use helps promote that trust among all users of DataStoreX, keeping it a safe electronic community.

UPDATES TO TERMS OF USE

We may amend these Terms of Use at any time by posting the amended Terms of Use on DataStoreX. The amended Terms of Use will be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time.

SYSTEM INTEGRITY

You may not use any device, software or routine, including but not limited to any viruses, worms, time bombs or cancel bots, intended to damage or interfere with the proper working of DataStoreX, data or personal information from DataStoreX. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "Spam" or other such unsolicited mass emailing techniques.

INFORMATION POSTED ON DATASTOREX

Except for profile information which are maintained as private in accordance with our Privacy Policy, a copy of which is posted (and updated from time to time) on DataStoreX, information posted to the Visitor viewable areas of DataStoreX is public. You are solely responsible for the information that you post on DataStoreX, including but not limited to any posting or listing in any public Forum or message area or through any email feature. By agreeing to these Terms of Use, you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, threatening or harassing; (c) be obscene or indecent. We do not endorse any information posted or content contained on DataStoreX and we are not liable for any information posted on DataStoreX, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on DataStoreX which we believe is appropriate using our sole discretion with respect to information posted on DataStoreX, including but not limited to termination of your rights of use. However, we cannot, nor do we, control the information provided by users or content providers, which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.

LINKS

DataStoreX may contain links to third party Web Sites not under the control or operation of DataStoreX. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to DataStoreX, if you comply with all of the following: (a) the link must be a text-only link clearly marked "DataStoreX" or "www.DataStoreX.com" (b) the link must "point" to the URL "http://www.DataStoreX.com" and not to other pages within DataStoreX; (c) the link, when activated by a user, must display the DataStoreX E-Community full-screen and not within a "frame" on the linking E-Community; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name or create the false appearance we are associated with or sponsor the linking site or newsletter. We reserve the right to revoke our consent to any link at any time in our sole discretion.

COMPLIANCE WITH LAWS

You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of DataStoreX.

OWNERSHIP

DataStoreX and all intellectual property rights included in or related to DataStoreX, including but not limited to copyrights and trademarks are owned or licensed by us, and all title and interest in DataStoreX and the intellectual property rights remain our property. You may not, reproduce, reverse engineer, disassemble, modify or create derivative works with respect to DataStoreX. Certain content is licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on DataStoreX.

GOVERNING LAW AND JURISDICTION

DataStoreX (excluding linked sites) is operated within the state of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places have laws that may differ from those of California, by accessing DataStoreX, you agree that these Terms of Use and your use of DataStoreX shall be governed in all respects by the laws of the State of California. You further submit to jurisdiction and venue in the state and federal courts located in the State of California, Santa Clara County and further agree that any cause of action you may bring arising under your use of DataStoreX shall be brought by you exclusively in a state or federal court located in the State of California, Santa Clara County. DataStoreX makes no representation that materials on DataStoreX are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

NO WARRANTY

WE PROVIDE DATASTOREX AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF DATASTOREX MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE DATASTOREX AT YOUR OWN RISK.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of DataStoreX. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

OTHER GENERAL PROVISIONS

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING OUR SERVICES AND DATASTOREX, YOU REPRESENT AND WARRANT THAT YOU CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, THAT YOU HAVE AUTHORITY TO BIND YOURSELF AND ANY ENTITY YOU REPRESENT TO THESE TERMS OF USE AND THAT BY DOING SO YOU ARE NOT BREACHING OR IN CONFLICT WITH ANOTHER AGREEMENT OR OBLIGATION.

BY USING OUR SERVICES AND DATASTOREX YOU ACKNOWLEDGE YOUR AGREEMENT WITH THE PROVISIONS CONTAINED IN THESE TERMS OF USE