PersoniCom Terms of Services
Last Updated Date: September, 2013

Welcome to the PersoniCom website (the “Site”), a service of Extended Data Solutions, Inc. (“we”). The following terms and conditions (“Terms of Service”) and our Privacy Policy, 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.

By accessing 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.

Extended Data 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.

User 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.

PersoniCom 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.

YOU 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.

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without prior written consent from Extended Data Solutions.

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 the parties.