Terms & Conditions
End User License Agreement, Terms of Service, and Forum Rules
WWW.EFLAPP.COM END USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY.
BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE (HEREINAFTER DEFINED), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7; LIABILITY IN SECTION 8; CONNECTIVITY AND PRIVACY IN SECTION 12; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 13. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT A BINDING LEGAL AGREEMENT BETWEEN YOU AND DMTD (HEREINAFTER DEFINED) AND THAT YOU ARE BOUND BY THE TERMS HEREOF AS FULLY AS THOUGH YOU EXECUTED AND DELIVERED THIS AGREEMENT TO DMTD. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY PERSON OR LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED (E.G., IF APPLICABLE, YOUR EMPLOYER). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT http://www.eflapp.com FOR TERMS OF AND LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.
YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH DATA MAKES THE DIFFERENCE, LLC (E.G., A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR DEVICE TO AUTOMATICALLY CONNECT TO THE INTERNET AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. VISIT http://www.eflapp.com FOR INFORMATION ABOUT PRODUCT ACTIVATION.
1. Certain Definitions.
"Agreement" means this EFL APP End User Software License Agreement.
"EFL APP Run-Time" means that portion of the Software required in order for the End User Product (hereafter defined) to operate on hardware on which the Software itself is not resident.
"Device" means a virtual or physical computer that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"DMTD" means Data Makes the Difference, LLC, a Pennsylvania limited liability company, 17 Greystone Drive, Mountain Top, PA 18707.
"End User Product" means an Output File (hereafter defined), which contains the EFL App generated by you. Examples of End User Products include charts, graphs, data, analysis, notes, and the like.
"Output File" means an output file generated by you using the Software.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by DMTD.
"Software" means all of the information which accompanies this Agreement, including but not limited to: (i) DMTD or third party software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with DMTD software and not obtained from DMTD or another party through a separate service (collectively, "Content Files"); (iii) related explanatory written materials and files (collectively, the "Documentation"); and (iv) any modified versions and copies of, and all upgrades, updates and additions to, such information, provided to you by DMTD at any time, to the extent not provided under a separate agreement (collectively, "Updates").
Other terms are defined throughout the text of this Agreement and shall have the meanings respectively so ascribed to them. 2. Software License. If you obtained the Software from DMTD or one of its authorized licensees, and as long as you comply with the terms of this Agreement, DMTD grants to you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation, and as further set forth below.
2.1 General Use. You may install and use one copy of the Software on up to the Permitted Number of your compatible Devices.
2.2 Portable or Home Computer Use. Subject to the important restrictions set forth in Section 2.3 below, the primary user of the Device on which the Software is installed may install a second copy of the Software for his or her exclusive use on a hard drive located at his or her home, provided that the Software on the hard drive is not used at the same time as the Software on the Device. You may be required to contact DMTD in order to make a second copy of the Software.
2.3 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an DMTD volume license program by any licensee, the second copy of the Software made under Section 2.4 must be used solely for the benefit and business of that volume licensee. For more information about secondary use by volume licensees, please visit our website at http://www.eflapp.com.
2.4 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for any use other than archival purposes.
2.5 Run-Time Distribution. You may make copies of the End User Product, and the associated EFL App™ Run-Time, and distribute those copies; provided, however, that (a) the EFL App™ Run-Time may not be distributed or used other than as bundled with the Output File as part of the End User Product, and (b) you shall make use of the EFL App™ Run-Time by each distributee subject to the distributee's agreement that no title to, or ownership rights in, the EFL App™ Run- Time are transferred and that the End User Product, including the EFL App™ Run-Time, shall not be reverse compiled or disassembled.
2.6 Content Files. Unless stated otherwise in the "Read-Me" files associated with the Content Files, which may include specific rights and restrictions with respect to such materials, you may not modify, reproduce or distribute any of the Content Files. Under no circumstances may Content Files be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise unlawful manner. You may not claim any trademark rights in the Content Files or derivative works thereof.
3. Intellectual Property Ownership. The Software and any authorized copies that you make are the intellectual property of and are owned by DMTD and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of DMTD and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant to you any intellectual property rights in or to the Software and all rights not expressly granted are reserved by DMTD and its suppliers.
4.1 Notices. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. Except as may be otherwise permitted in Section 13, you may not modify, adapt or translate the Software.
4.3 No Reverse Engineering. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile it only in order to achieve interoperability with the Software.
4.4 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Devices as permitted by Sections 2 and 13 of this Agreement. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Devices. You may not unbundle or repackage the Software for distribution, transfer or resale. See Section 13 for specific exceptions to this Section 4.4.
4.5 NO TRANSFER. YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S DEVICE EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.
4.6 No Service Bureau. You will not use or offer the Software on a service bureau basis.
5. Updates. If the Software is an upgrade or update to a previous version of DMTD software, you must possess a valid license to such previous version in order to use such upgrade or update. After you install such update or upgrade, you may continue to use any such previous version in accordance with its end-user license agreement only if (a) the upgrade or update and all previous versions are installed on the same Device, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the update or upgrade are also transferred to such party or device and (c) you acknowledge that any obligation DMTD may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after installation of an update or upgrade. Upgrades and updates may be licensed to you by DMTD with additional or different terms.
6. LIMITED WARRANTY. Subject to the limitations in this Section 6 and Section 8 below, DMTD warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this Agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD SERVICES (See Section 13). All warranty claims must be made, along with proof of purchase, to the DMTD Customer Support Department within such ninety (90) day period. Visit the DMTD Customer Support pages at http://www.eflapp.com for more information about warranty claims. If the Software does not perform substantially in accordance with the Documentation during the warranty period, the entire liability of DMTD and its affiliates, and your exclusive remedy, will be limited to either, at DMTD's option, replacement of the Software or a refund of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. For further warranty information, contact the DMTD Customer Support Department.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY DMTD AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DMTD, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DMTD, ITS AFFILIATES, SUPPLIERS AND CERTIFICATE AUTHORITIES (DEFINED BELOW) PROVIDE THE SOFTWARE AND ACCESS TO ANY WEB SITES AND ONLINE SERVICES "AS-IS" AND "WITH ALL FAULTS" AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Sections 7 and Section 8 will survive the termination of this Agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE MAY BE PROVIDED IN SECTION 13, IN NO EVENT WILL DMTD, ITS AFFILIATES, SUPPLIERS, OR CERTIFICATE AUTHORITIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A DMTD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DMTD'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF ANY BREACH OF THIS AGREEMENT. DMTD is acting on behalf of its affiliates, and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please contact the DMTD Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in the Commonwealth of Pennsylvania. The respective state and federal courts of Luzerne County, Pennsylvania shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of DMTD. This is the entire agreement between DMTD and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Connectivity and Privacy. You acknowledge and agree that the Software may cause your Device to automatically connect to the Internet to check for updates and upgrades that are available for automatic download to your Device and to let DMTD know the Software is successfully installed. Only non-personal identifying information is transmitted to DMTD when this happens. Your communication with DMTD websites is governed by the DMTD Terms of Service found at http://www.eflapp.com. Please consult the Documentation for information about changing default update settings.
13. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this Section 13 will supersede such other term or condition.
13.1 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software ("Pre-release Software"), then this Section 13.1 applies. The Pre-release Software is a pre-release version, does not represent a final product from DMTD, and may contain bugs, errors and other problems that could cause system or other failures and data loss. DMTD may never commercially release the Pre-release Software. If you received the Pre-release Software pursuant to a separate written agreement, your use of the Software is also governed by such agreement. You will return or destroy all copies of Pre-release Software upon request by DMTD or upon DMTD's commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.
13.2 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software ("Tryout Software"), then this Section 13.2 applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.
13.3 Timeout Software. If the Software is a timeout version, then this Section 13.3 applies, and the Software will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches, unless extended by DMTD upon your acquisition of a full retail license. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
13.4 Online Services.
13.4.1 The Software may rely upon, or facilitate your access to, websites maintained by DMTD or its affiliates or third parties offering goods, information, software and services (collectively "Online Services"). Your access to and use of any website or online services is governed by the terms, conditions, disclaimers and notices found on such site or otherwise associated with such services, for example, the Terms of Service located at http://www.behaivortrackerpro.com. DMTD may at any time, for any reason, modify or discontinue the availability of any website and Online Services.
13.4.2 DMTD does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
13.4.3 EXCEPT AS EXPRESSLY AGREED BY DMTD OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.
14. Indemnity. You agree to indemnify, defend, and hold DMTD and its affiliates, etc., harmless from any and all liabilities, causes of action, actions, damages, claims or other loss or harm whatsoever (including, without limitation, all expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, the Software (or any portion thereof) or Online Services, including without limitation your or a third party's reliance on any analysis of data created by the Software or by the Online Services.
15. Termination. Without prejudice to any other rights it has, DMTD may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must immediately return all copies of the Software and all of its component parts, or certify to DTMD that the same has been destroyed.
If you have any questions regarding this Agreement or if you wish to request any information from DMTD, please use the address and contact information included with this product to contact the DMTD office serving your jurisdiction.
EFL App™ is the trademark of Data Makes the Difference, LLC.
TERMS OF SERVICE AND LEGAL DISCLAIMER
Please note that this site is under constant development. New services are added frequently and these Terms of Service may therefore be modified in the near future. It is important to check back to this page the next time you visit as any new terms added to these Terms of Service will apply to you.
Data Makes the Difference, LLC ("DMTD") owns and operates several public-facing and restricted-access websites, including eflapp.com (collectively, the "Sites").
This is a binding contract between DMTD and you. By your acceptance of these Terms of Service and your use of the Sites, and as a material condition of such use, you warrant that you are over the age of eighteen (18) and that you have provided accurate and complete information in any communication you have with DMTD. You are granted a nonexclusive, nontransferable, limited right to access and use, for personal research purposes only, the Sites and accompanying materials made available to you.
Access to the Sites does not create a professional services relationship or any other relationship between you and DMTD.
You may not offer, develop, or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites, including but not limited to any commercial redistribution in any medium of any part of the Sites to compete with the business of DMTD. You may not transfer to or store any data residing in, or exchanged over, the Sites in any electronic network for use by more than one (1) user unless you obtain prior written permission from DMTD. Unless otherwise expressly permitted herein, you are prohibited from downloading, e-mailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using any materials retrieved from the Sites. You may not exploit the goodwill of DMTD, including its trademarks, service marks, or logos, without the express written consent of DMTD.
For any images, text, data, analysis, or other information (collectively referred to herein as "Content") you submit to DMTD, including profile information, chat room or forum pages, and any e-mail, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to DMTD a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including the right of sublicense, to use, display, distribute, perform, reproduce, in whole or in part, modify and create derivative works from, the Content, in any media.
DMTD and the Sites, and all other text and images contained on the Sites and in DMTD's products, are protected by United States trademark and copyright law and other applicable law, and are the property of DMTD, except as otherwise expressly identified. All copyrights and trademarks not the property of DMTD that are used or referred to in the Sites and/or DMTD's products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of DMTD or any third party, whether by implication, laches, estoppel or explicit grant. Because the content of the Sites and products is proprietary, any unauthorized use of materials on the Sites or other products may violate the law. You may not remove or obscure the copyright notice or other notices contained in any Content or in the Sites themselves.
DMTD's products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for noncommercial and personal use. Any use for a commercial or public purpose requires specific written permission from DMTD.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:
• disseminate or transmit "spam," unsolicited messages and e-mails, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
• disseminate or transmit material that to a reasonable person may be abusive, obscene, profane, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including DMTD;
• disseminate or transmit any material, non-public information about any business without the authorization to do so;
• create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
• purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
• interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Sites or any other computer network;
• print out or otherwise copy or use any personally identifiable information about other users;
• disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
• express or imply that any statements you make are endorsed by DMTD or any of its affiliates;
• restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
• remove any copyright, trademark or other proprietary rights notice contained in the Sites;
• "frame" or "mirror" any part of the Sites; or
• engage in any other activity deemed by DMTD to be in conflict with the spirit or intent of these Terms of Service.
You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your exclusive remedy is to avoid such Content by discontinuing your access to the Sites.
Use of the Sites via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Unless otherwise agreed to by DMTD in writing, use of the Sites is permitted only via manually conducted, discrete, individual search and retrieval activities.
Content and Non-Endorsement
Opinions and other statements expressed on the Sites by users and third parties are theirs alone, not the opinions of DMTD or any of its affiliates. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. DMTD has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
If you have a copyright complaint about any information on the Sites, follow the procedure on this page. If you are aware of any communication in a chat room, forum, or comment area on the Sites that is unlawful, infringes the property rights of DMTD, a user, or a third party, or otherwise fails to conform to these Terms of Service, please send an e-mail notification with the phrase "Inappropriate Use" in the subject field to email@example.com.
DMTD does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the chat rooms or online forums or any other part of the Sites, except that (i) DMTD may consolidate and edit for clarity any Content posted to chat rooms or online forums, (ii) DMTD may inform registered users or third parties of particular Content, ask for their response, or ask them to host discussions, and (iii) DMTD reserves the right to monitor the Sites and to remove any information that DMTD, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for DMTD to monitor, screen or edit Content on the Sites in any way.
Please note that, because DMTD and its designees host message boards, commenting opportunities, reviews and feedback areas and other forums found on the Sites (collectively, the "Forums and Comment Areas") and, therefore, redistribute materials you give to us, DMTD requires certain rights in those materials. Accordingly, by sending or transmitting to DMTD creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Sites, you grant DMTD and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of DMTD and DMTD will not be liable for any use or disclosure of any Submissions.
Forums and Comment Areas
The Forums and Comment Areas are designed to permit you to share your ideas and opinions. Information on the Forums and Comment Areas is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and Comment Areas and that people participating in such Forums and Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, and/or offensive. DMTD neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Forums and Comment Areas by third parties. The opinions expressed in the Forums and Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of DMTD. DMTD is not responsible for any errors or omissions in postings in the Forums and Comment Areas, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will DMTD or its affiliates, be liable for any loss or damage of any kind caused by your reliance on such information obtained through the Sites or the Forums and Comment Areas.
We have no obligation to monitor the Forums and Comment Areas, or any Submissions or other materials that you or other third parties transmit or post on the Forums and Comment Areas. You acknowledge and agree that DMTD has the right (but not the obligation) to monitor the Forums and Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests.
Limitation of Liability and Use
DMTD has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, and DMTD cannot guarantee the accuracy of the information provided or any analysis based thereon. DMTD shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Sites or any Content available or not included therein, (ii) the unavailability or interruption of the Sites or any features thereof or any Content, (iii) your use of the Sites or Content, (iv) the loss or corruption of any data or equipment in connection with the Sites, (v) the content, accuracy, or completeness of Content, all regardless of whether you received assistance in the use of the Sites from DMTD, (vi) any delay or failure in performance beyond the reasonable control of DMTD, or (vii) your use of any analysis or results that may be generated by the Sites and/or other products provided to you by DMTD.
YOU EXPRESSLY AGREE THAT THE USE OF DMTD's PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "WHEN AVAILABLE" BASIS AND DMTD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DMTD DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM DMTD, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM DMTD NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
DMTD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER DMTD WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You expressly agree that you use the Sites solely at your own risk.
You agree to indemnify, defend and hold DMTD, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all causes of action, claims, damages, costs (including reasonable attorneys' fees) or other losses or harms that arise directly or indirectly out of or from (i) your breach of this agreement, including any violation of these Terms of Service; (ii) any allegation that any Content or other materials you submit to DMTD or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Sites.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against DMTD based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail, you will reimburse DMTD for any costs and attorneys fees associated with its defense of the action.
The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Luzerne County, Pennsylvania. Use of the Sites is unauthorized in any jurisdiction that does not recognize all provisions of these Terms of Service, including without limitation this paragraph.
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of these Terms of Service will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
General Forum Rules
DO NOT UNDER ANY CIRCUMSTANCES POST PRIVATE OR SENSITIVE INFORMATION ABOUT A CLIENT INCLUDING NAME, DATE OF BIRTH, PARENTS NAMES, ADDRESSES, SOCIAL SECURITY NUMBERS OR ANY INFORMATION THAT IDENTIFIES A CLIENT OR PATIENT OR ANY OTHER INFORMATION THAT FALLS UNDER THE HIPAA LAWS. You must be at least 18 years old to use the forum. While debating and discussion is fine, we will not tolerate rudeness, insulting posts, personal attacks or purposeless inflammatory posts. Our decision is final in these matters. Discussion politics and/or religion in not allowed. There are buildings for places of worship and political discussion. Express your views there. I understand that this forum does not restrict anonymous users' so I won't use my e-mail as the login name to prevent Spam bots from collecting my email out of this forum. The forum may show your e-mail address you use, and your login name you choose will be displayed. Please do not post any out-of-topic messages in a thread (hijacking a discussion thread), or intentionally start a message thread in a wrong forum. Please refrain from posting meaningless threads, one word (or short) nonsense posts, or the such. Multiple or repeated posting in order to increase your post count is not allowed. Advertising, spamming and trolling is not allowed. This includes using the forum, email, visitor messages, blog comments, picture comments and private message systems to spam other members. We also do not allow posts or links to sites that are sexual in nature or violate EFL App community standards. The EFL App team shall be the sole arbitrator of what does and what does not violate community standards. Discussion of illegal activities such as software and music piracy and other intellectual property violations are not allowed. Each member is allowed one login account. Registering with multiple accounts is not allowed. We reserve the right to remove offensive posts without notice. If you are going to post non-English on these forums, please also post an English Translation of your post. Posts arguing about company policies are not allowed. You can fill out a support ticket if you have issue with company policies. Posts discussing moderator actions are also not allowed. Also while these rules cover most common situations, they cannot anticipate everything. Consequently we reserve the right to take any actions we deem appropriate to ensure these forums are not disrupted or abused in any way. You cannot post advertisements or notices for contests. Support tickets should be considered to be confidential information. Support tickets posted in the forums will be deleted. Administrators and Moderators have the right to modify/delete any message. We reserve the right to ban anyone who willfully violates the forum rules. Data Makes the Difference, LLC reserves the rights to modify this agreement at any time. Linking to a commercial product/service is not permitted. Promotional text for a commercial product or service is not permitted. A link and promotional text for a site that is not commercial and does not contain product(s) and/or service(s) is allowed, provided the site is not sexual or does not violate DMTD community standards. The DMTD team shall be the sole arbitrator of what does and what does not violate community standards. (Examples include sites about drugs and/or sex.) Duplicate links to the same URL in a signature are not allowed. Signature Size Limits: All signatures should not exceed the following limits: You can't have both text and images in your signature, please one or other For text signatures: No more than 4 lines normal size text. Font sizes above 2 are not allowed. (Blank lines count as lines.) Do not use images with large text to bypass the previous item previous item For images in signatures: 1 image up to 300 pixels wide, 125 pixels tall and 20k in size Please, no animated images in a signature block. Avatars: Avatars that may be confused with official staff avatars are not allowed. Use of the EFL App or Data Makes the Difference logos in avatars is not allowed. Staff Disputes: Any disputes with the staff of the Data Make the Difference/EFL App community will be handled in private through the Private Message System or the Support System ticket. If you wish to escalate any issue with staff then please email firstname.lastname@example.org.
We reserve the right to update and modify these rules as the needs of the community dictate to ensure the smooth operation of this community.