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Terms of Use

The Data Suite (TDS) operates this Website (“Site”) to provide online access to information about TDS and the goods, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use, together with applicable additional terms and conditions that may be contained in purchase orders are referred to as this "Agreement". TDS reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your Agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below. You may not directly or indirectly access the Services offered on this Site if you are TDS\'s direct competitor, except with TDS\'s prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. You acknowledge and aggree that TDS has the right to obtain an injuction prohibiting you from accessing the Site.

  1. Use of Site
  2. Copyright
  3. Trademarks
  4. Downloading Files
  5. Software
  6. Disclaimer of Warranties
  7. Privacy
  8. Confidentiality
  9. Access and Use of Information
  10. Payment
  11. Refunds
  12. No Guaranties
  13. General Provisions
  14. Submissions
  15. Questions
  1. Use of Site: TDS hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the Terms in this Agreement. You may use the Service, the Site, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Materials") to learn about or use RPM products and services. No right, title or interest in any Materials is transferred to you, whether as a result of downloading such Materials or otherwise. TDS reserves complete title and full intellectual property rights in all Materials. Except as expressly authorized by this Agreement, or separate agreements for services that you may enter into with TDS, you may not use, alter, copy, distribute, transmit, or derive another work from any Materials obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

  2. Copyright: The copyright of this Site and its Materials are protected by copyright laws and belong to TDS. You are hereby authorized to use the Materials of this Site consistent with its intended purpose and your use does not convey any title or ownership rights in the Site. Note that any product, process, or technology described in the Materials may be the subject of other intellectual property rights reserved by TDS or its affiliates which are not licensed hereunder. Any copy of any Materials of this Site or portion thereof must include the copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Materials contained on this Site. This Site is proprietary to TDS and title to the Site, including without limitation, all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights shall remain solely in TDS.

  3. Trademarks: The term "The Data Suite" is a protected trade name. All related product and service names, designs and slogans are the trademarks or service marks of TDS or affiliated companies of TDS. All other product and service marks on this site are the trademarks of their respective owners.
  4. Downloading Files: TDS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

  5. Software: Any software available for download via the Site is the copyrighted work of TDS and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

  6. Disclaimer of Warranties and Liability: ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. TDS DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TDS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TDS DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE THAT TDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE (INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS MATERIALS INCLUDING BUT NOT LIMITED TO DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE EVEN IF TDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT TDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A CAUSE OVER WHICH TDS OR ITS AFFILIATES DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. IF YOU ARE UNABLE TO ACCESS THE TDS SITE THROUGH YOUR ON-LINE SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. TDS offers you various ways of ordering products, including telephone and on-line services, and, should a user experience any problems in reaching TDS through any particular method, the user may use alternate methods to communicate with TDS. Although TDS will endeavor to keep its users informed about changes, you understand that TDS may modify or replace this Site or information on it at any time. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen.

  7. Privacy: TDS\'s privacy policy accessible on TDS\'s website is incorportated herein by this reference.

  8. Confidentiality: TDS hereby identifies as proprietary and confidential its various databases and the data contained within such databases as well as the methods utilized by TDS in gathering, compiling and maintaining such data. You will take reasonable precautions to assure that all confidential information disclosed to it by TDS is held in strict confidence and disclosed only to those of its respective employees whose duties reasonably require access to such information. You will take suitable precautions to prevent loss, compromise, or misuse of any data provided by you. Except as required by law, you agree that any information or data provided by TDS will be maintained in strict confidence and will not be copied, disclosed, sold or otherwise made available to any third parties. You shall provide for physical security of data obtained from TDS with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data. Customer shall not grant access to the Site, and any other information or data provided by TDS, to individuals incarcerated in prisons or correctional institutions.

  9. Access and Use of Information: Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by TDS at this Site. Any access or attempt to access other areas of the TDS computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with the procurement of products and services provided by TDS. Any intentional damage or intentional interruption of TDS\'s computer system as well as computer resources and/or system service, carrying on of personal business or illegal activities will be cause for termination of this Agreement. You agree to hold TDS harmless for damages and losses incurred as a result of misuse of this Site by you. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. By accessing the Site, you expressly agree that it will not provide your access information (including password) to your employees, agents, or third parties in order for those employees, agents, or third parties to research TDS\'s website for the purpose of reverse engineering the features, functions, and appearance of the Site. By accessing the Site, you expressly agree that it will not derive or attempt to derive the source code, source files, or structure of all or any portion of the web site by reverse engineering, disassembly, decompilation, or any other means. Any person who accesses this Site expressly agrees that he or she will not reverse engineer the features, functions, and appearance of the Site.

  10. Payment: The fees for TDS products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. TDS requires pre- payment on all orders. Any amount due to TDS, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. You are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25. Commencement on your project starts only after TDS receives final approval of Customer layout and summary of printing charges.

  11. Refunds: You may receive a refund if you were over billed due to mistake or if TDS cannot deliver the mail services that you have ordered within 14 days of the due date for your project. TDS will not refund any amount back due to mail quality and will only replace the mail if your dissatisfaction is due to reasons other than over-billing by mistake or TDS\'s failure to deliver your order as mentioned in the first sentence of section 11.

  12. No Guaranties: TDS will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. TDS accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product, however, TDS strives to reproduce the images and colors as closely as possible. Expected delivery date and project timelines are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. Despite what might be represented to you as anticipated response rates, TDS does not guaranty a minimum response rate for any project. Anticipated response rates communicated to you is based on anecdotal evidence and you acknowledge that any such representations are not guaranties of future results for your project, are not part of this Agreement, and are not being relied upon by you.

  13. General Provisions:
    1. Entire Agreement / No Waiver. In addition to the purchase order regarding a particular project, these Terms of Use, plus any purchase order that may exist for a particular project, constitute the entire Agreement of the parties with respect to the subject matter hereof. You acknowledge that any oral representations by TDS concerning response rate for any project will not be relied upon by you and is not part of this Agreement. No waiver by TDS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    2. Updates, Correction of Errors, and Inaccuracies: The Site or Materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. TDS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Site or Materials at any time without prior notice. TDS does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
    3. Governing Law: Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. TDS has endeavored to comply with all legal requirements known to it in creating and maintaining this Site. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, TDS\'s Privacy Policy, your use of the Site or the Materials are governed by, and will be interpreted in accordance with, the laws of the State of California. You agree that by using the Site you are entering into this Agreement in, and the goods and services are being provided to you, in Yolo County, California. All payments made by you are considered paid in Yolo County,California. In addition, you acknowledge that any conduct considered a breach of this Agreement causes damage to TDS in Yolo County.
    4. If a dispute of a contractual nature arises between you and TDS regarding TDS\'s entitlement to fees and/or costs under this Agreement, or the enforceability of any term of this agreement, the prevailing party shall be entitled to its attorney’s fees and costs in enforcing the terms of this agreement. This provision also applies to TDS seeking any monies for quantum meruit recovery for the reasonable value of the services and costs expended or incurred on behalf of Customer.

  14. Submissions: All unsolicited remarks, suggestions, ideas, graphics or other information communicated to TDS through this Site will forever be the property of TDS. Unless otherwise specified in writing by TDS, all material submitted to TDS will be presumed to be public and TDS will not be required to treat the information as confidential. TDS shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information. TDS does welcome feedback regarding TDS\'s existing businesses that will help satisfy customer\'s needs, and feedback can be provided through the many listed contact areas on the Site.

  15. Questions: Questions regarding TDS Terms of Use should be directed to TDS through your TDS sale representative or project coordinator. This document was last updated March 21, 2018.