Terms of Services
Last Updated Date: September, 2013
to the PersoniCom website (the “Site”), a service of
Extended Data Solutions, Inc. ("we"). The following terms
which may be found at http://www.personicom.com/Privacy.html
and which is incorporated herein by reference into these Terms of
Service, govern how you (“User”) may access and use
the Site and any services provided through the Site (the "Services")
and, except as otherwise provided in these Terms of Service, all
videos, text, graphics, images, logos, music, software, audio, information
or other materials available through the Site and Services ("Site
Content"). These Terms of Services constitute a binding legal
agreement between you and Extended Data Solutions, Inc.
or using any part of the web site or services, including use of
PersoniCom through social media sites, you agree to become bound
by these Terms of Services. If you do not agree to all the terms
and conditions of this agreement, then you may not access the Site
or use any Services.
Solutions reserves the right to modify, discontinue or terminate
the website or Services or to modify these Terms of Services, at
any time and without prior notice. Any modifications to these Terms
of Services, will be posted on the Site including an update to the
"Last Updated Date" at the top. By continuing to access
or use the Site or the Services after modifications have been posted,
you are agreeing to be bound by the modified Terms of Services.
If the modified Terms of Services are not acceptable to you, immediately
stop using the Site and the Services. Your use of the Site or Services
may also be subject to limits imposed on certain features or restricted
to parts or all of the Services without notice or liability.
User shall not, nor permit anyone else to, directly or indirectly:
(i) reverse engineer, decompile, disassemble, or otherwise attempt
to discover the source code or underlying algorithms of all or any
part of the Service; (ii) modify or create derivatives of any part
of the Service; (iii) rent, lease, or use the Service for service
bureau or timesharing purposes; or (iv) remove or obscure any proprietary
notices, logos, slogans or copyrights on the Service. Extended Data
Solutions shall own all title, ownership rights, and intellectual
property rights in and to the Service.
• User shall not use the Site, Services or Site Content for
any commercial purpose or the benefit of any third party or in any
manner not permitted by these Terms of Services.
• User shall not use any software, automatic device, tool,
agent, or mechanism (including spiders, robots, crawlers, data mining
tools), or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Service or any Content,
or in any way reproduce or circumvent the navigational structure
or presentation of the Service or any Content, to obtain or attempt
to obtain any materials, documents or information through any means
not purposely made available through the Service.
• User shall not attempt to gain unauthorized access to any
portion or feature of the Service, or any other systems or networks
connected to the Service or to any PersoniCom server, or to any
of the services offered on or through the Service, by hacking, password
"mining", or any other illegitimate means.
• User shall not probe, scan or test the vulnerability of
the Service or any network connected to the Service, nor breach
the security or authentication measures on the Service or any network
connected to the Service.
• User shall not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Service
or PersoniCom systems or networks, or any systems or networks connected
to the Service or other Extended Data Solutions services.
• User shall not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Service or
any transaction being conducted on the Service, or with any other
person's use of the Service.
• Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, or other form of solicitation.
• User shall not use the Service or any Content for any purpose
that is unlawful or prohibited by this Agreement.
agrees that all content and materials (collectively, "Content")
delivered via the Service or otherwise made available by Extended
Data Solutions at the Site are protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights
and laws. Except as expressly authorized by Extended Data Solutions
in writing, or standard use of the Service, User agrees not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative
works from such materials or content. No licenses or rights are
granted to you by implication or otherwise under any intellectual
property rights owned or controlled by Extended Data Solutions or
its licensors, except for the licenses and rights expressly granted
in these Terms of Services.
uses session cookies containing encrypted information to allow the
system to uniquely identify users while they are logged in. This
information allows PersoniCom to process online queries and requests.
Session cookies maintain authentication after logging in and are
a requirement in order to use the PersoniCom services. PersoniCom
uses persistent cookies, that only PersoniCom can read and use,
to identify the fact that you are a registered PersoniCom Customer.
We are especially sensitive about the security and confidentiality
of the information stored in persistent cookies. For example, we
do not store usernames or passwords in persistent cookies. Users
who disable their Web browsers' ability to accept cookies will be
able to browse our public website but will not be able to successfully
login to our service.
The Site may
contain links to third-party websites or resources. You acknowledge
and agree that Extended Data Solutions is not responsible or liable
for: (i) the availability or accuracy of such websites or resources;
or (ii) the content, products, or services on or available from
such websites or resources. Links to such websites or resources
do not imply any endorsement by Extended Data Solutions of such
offerings or content. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
If you breach
any of these Terms of Service, Extended Data Solutions will have
the right to suspend or disable your Account or terminate these
Terms of Services, at its sole discretion and without prior notice
to you. Extended Data Solutions reserves the right to revoke your
access to and use of the Site, Services and Site Content at any
time, with or without cause.
You agree to
defend, indemnify, and hold Extended Data Solutions, its officers,
directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses, and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way
connected with your access to or use of the Site, Services or Site
Content or your violation of these Terms of Services.
ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, SERVICES AND
SITE CONTENT REMAINS WITH YOU. NEITHER EXTENDED DATA SOLUTIONS NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SITE, SERVICES OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES,
OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE
OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT, OR FROM
ANY COMMUNICATIONS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR
USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT EXTENDED DATA SOLUTIONS HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EXTENDED DATA SOLUTIONS’ AGGREGATE LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICES OR FROM THE
USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT EXCEED
THE GREATER OF $100 OR THE AMOUNTS YOU HAVE PAID TO EXTENDED DATA
SOLUTIONS FOR USE OF THE SITE, SERVICES OR SITE CONTENT IF APPLICABLE.
EXTENDED DATA SOLUTIONS WILL HAVE NO, AND HEREBY DISCLAIMS ALL,
LIABILITY RELATED TO THE SITE CONTENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
You may not assign or transfer these Terms of Service, by operation
of law or otherwise, without prior written consent from Extended
Any notices or other communications permitted or required hereunder,
including those regarding modifications to these Terms of Services,
will be in writing and posted to the Site.
These Terms are governed in all respects by the laws of the State
of Illinois as such laws are applied. Both parties submit to personal
jurisdiction in Illinois and further agree that any cause of action
relating to these Terms shall be brought in a court in Cook County,
Illinois. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Extended Data Solutions' failure to
act with respect to a breach by Customer does not waive Extended
Data Solutions' right to act with respect to subsequent or similar
breaches. These Terms of Service constitute the entire agreement
between Extended Data Solutions and you regarding the Site, Services
and Site Content, and these Terms of Service supersede and replace
any and all prior oral or written understandings or agreements between