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Terms and Conditions

PointofData, Inc. Copyright Information
All contents copyright © 2004 - 2008 PointofData, Inc. All rights reserved.

Welcome to the PointofData, Inc. Web Site (the "Web Site"). By using this Web Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Web Site ("Terms of Use"). We may revise the Terms and Conditions of Use (T & C's) at any time without notice to you.

Areas of the Web Site may have additional or different T & C's posted. If there is a conflict between the T & C's and terms of use posted for a specific area of the Web Site, this document shall have precedence with respect to your use of that area of the Web Site.

1. Terms and Conditions.
The following terms and conditions apply to all visitors to or users of this Web Site ("Users," or, in the alternative, "you"). By accessing this Web Site, User acknowledges acceptance of these terms and conditions.

PointofData, Inc. ("PointofData") reserves the right to change these terms and conditions from time to time at its sole discretion. In the case of any violation of these T & Cs, PointofData reserves the right to seek all remedies available by law and in equity for such violations, including, but not limited to, restricting our further access or use.

2. Limited License.
You may download, copy and print Materials, information, content and images ("Materials") published by PointofData on this Web Site solely for non-commercial use within your organization in support of PointofData products, subject to the following: (a) the Materials may be used solely for personal, informational, non-commercial purposes; and (b) the Materials may not be modified or altered in any way and (c) the Materials shall retain all copyright, trademark, service mark and other proprietary notices in the same form as the original. Except where your use constitutes "fair use" under United States copyright law, you may not otherwise download, upload, post, transmit, use, print, copy, perform, reproduce, display, publish, license, or distribute any information from this Web Site in whole or in part without the express prior written authorization of PointofData. No other use of the Materials or related information is authorized.

Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark or copyright of PointofData or any third party.

3. Compliance With Applicable Laws; Export Control Laws.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All PointofData products, services and publications are commercial in nature.

4. Trademarks.
The trademarks, logos and service marks ("Marks") appearing on this Web Site are the property of PointofData or other third parties. You are not permitted to use these Marks without the prior written consent of PointofData or such third party which may own the Mark. "PointofData" and the PointofData Logo are registered trademarks of PointofData, Inc.

5. General Disclaimer.
POINTOFDATA SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS ACCESSIBLE VIA THIS SITE, OR THOSE PROVIDED BY OUR CLIENTS OR CUSTOMERS, INCLUDING BUT NOT LIMITED TO FINANCIAL, INSURANCE, INVESTMENT, BANKING, TRAVEL, AND DIRECTORY ASSURANCE, ARE ACCURATE, COMPLETE OR CURRENT.

PointofData may change the services, programs or products mentioned at any time without notice. PointofData has attempted to provide accurate information at the time it was entered on this website. All Materials are provided "as is" without warranty of any kind, expressed or implied. The information on this Web Site may not be current and may be outdated. Mention of non-PointofData products or services on this Web Site is for informational purposes only and constitutes neither an endorsement nor a recommendation of the non-PointofData products or services.

IN CONNECTION WITH THIS WEBSITE, POINTOFDATA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. POINTOFDATA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. POINTOFDATA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY POINTOFDATA PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF POINTOFDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POINTOFDATA SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT.

6. Disclosure; Forward-Looking Statements.
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events, technology or performance of the Company or our industry. We wish to caution you that these statements are only predictions and that actual events or results may differ materially, and may be inaccurate.

7. Links to Third Party Web Sites.
This Web Site may contain links to third party Web Sites that are not under the control of and are not maintained by PointofData. Access to any other Internet Web Site linked to this Web Site is at the User's own risk and PointofData is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Web Sites. PointofData provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

8. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Web Site may be blocked or subject to prosecution.

9. Software License Agreement.
Any software or code which you download or use in connection with this Web Site is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you.

10. Modification of the Terms.
PointofData may change these Terms of Use from time to time. Use of Web Site or any Services hereunder following change of the Terms shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification, whether or not you have actually reviewed them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Web Site and any Services.

11. Jurisdiction.
The laws of the State of Washington govern this Agreement in connection with this Web Site. All actions shall be brought in a court of competent subject matter jurisdiction in the County of King in the State of Washington and by using this site you hereby agree to accept the personal jurisdiction of such court.

Copyright © 2004-2006 PointofData, Inc. Registered in the U.S. Patent and Trademark Office.





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