The following terms and conditions govern all use of the 3DATX.com website and all content, services and products available at or through the website (all of which, taken together, constitute the “Website”). The Website is owned and operated by 3DATX Corporation (“3DATX”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by 3DATX (collectively, the “Agreement”). This Agreement is for the users, members, customers, and others who visit and use the Website (collectively or individually, “You”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, then You may not access the Website or use any services. If these terms and conditions are considered an offer by 3DATX, acceptance is expressly limited to these terms.
The Website is not available to persons under the age of 13 or to any persons or entities suspended or removed from the Website by 3DATX. 3DATX may, in its sole discretion, refuse to offer the Website to any person or entity. 3DATX may change its eligibility criteria at any time. This eligibility provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
1. Your Account
You may need an Account to access some of our services.
When You create and activate an Account, You will be asked to select a username and password. You might also be asked to provide an e-mail address or cell phone number, billing address, or other personal information. You agree that the information You provide to 3DATX during Account creation and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times.
To protect Your Account, keep Your log-in credentials confidential. You are solely responsible for maintaining the confidentiality of Your Account and for restricting access to Your computer. You are solely responsible for the activity that happens through Your Account. You may be liable for the losses incurred by 3DATX or others due to any unauthorized use of Your Account.
You must immediately notify 3DATX of any unauthorized use of Your account or any other breach of security (for example, in the event of a loss or theft, or any unauthorized use of any credit, debit, or charge card number associated with Your Account). 3DATX will not be liable for any acts or omissions by You, including any damages of any kind incurred as the result of such acts or omissions.
You may not use another person’s account at any time unless You have obtained the permission of the Account holder.
2. Responsibility of Website Visitors
By operating the Website, 3DATX does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. 3DATX disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Prohibited Conduct
By accessing the Website, You agree not to:
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website;
- modify, copy, create derivative works from, distribute, sell, or lease any part of our Website, including any content, product, or service obtained from the Website;
- impersonate another person or entity;
- access another person’s or entity’s Account without permission;
- attempt to hack or scam other Account holders;
- impersonate 3DATX staff;
- fail to deliver payment for any purchases made on the Website;
- share 3DATX-issued passwords or Your Account password with a third party or encourage another Account holder to do so;
- use Website features for anything other than their intended purpose, including exploiting site glitches for personal gain;
- interfere with any security-related features of the Website;
- post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of 3DATX or any third party; or
- use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
4. Prohibited Uses
- Access to the Website from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. Any person visiting the Website from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
- Except with regard to the Attendance Tracking System, any use of the Website other than for private, non-commercial use is strictly prohibited.
- As a condition of Your use of the Website, You will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website.
5. Third Party Content Posted on Other Websites / Third Party Products and Services / Links
3DATX has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which 3DATX.com links, and that link to 3DATX.com. 3DATX does not have any control over those non-3DATX websites and web pages, and is not responsible for their contents or their use. By linking to a non-3DATX website or webpage, 3DATX does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 3DATX disclaims any responsibility for any harm resulting from Your use of non-3DATX websites and web pages.
3DATX reserves the right to display advertisements for third party products and services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. You agree that 3DATX will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
6. Copyright Infringement and DMCA Policy
As 3DATX asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Website violates Your copyright, You are encouraged to notify 3DATX. 3DATX will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
7. Intellectual Property
This Agreement does not transfer from 3DATX to You any 3DATX or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 3DATX. All trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of 3DATX or 3DATX’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any 3DATX or third-party trademarks.
You may not copy, modify, create derivative works from, distribute, sell, or lease any part of the Website, including any content, product, or services obtained from the Website, nor may You reverse engineer or attempt to extract the source code of the Website, unless laws specifically prohibit such restriction or You have our written permission.
3DATX reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes Your binding acceptance of those changes. 3DATX may also, in the future, offer new services and/or features through the Website (including, the release of new tools, applications, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
3DATX may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your Account (if You have one), You may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, notification disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
The Website is provided “as is.” 3DATX and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 3DATX nor its suppliers and licensors make any warrant that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from or otherwise obtain content or services through the Website at Your own risk.
11. Notification Disclaimer
3DATX offers text and e-mail notification services as a convenience only. Scheduling text message or e-mail reminders does not guarantee receipt of notification. 3DATX assumes no liability for any damages or loss of any kind that might arise from Your failure to receive requested notifications on a timely basis.
Depending on Your cell phone contract, You may be charged by Your service providers for the text messaging service. Moreover, You may be unable to receive text messaging in some geographical areas due to the unavailability of service by Your service providers. 3DATX assumes no liability for any charges incurred for text messaging.
12. Limitation of Liability
In no event will 3DATX, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to 3DATX under this Agreement during the twelve (12) month period prior to the cause of action. 3DATX shall have no liability for any failure or delay due to matters beyond their reasonable control.
13. General Representation and Warranty
You represent and warrant that (i) Your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless 3DATX, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation of this Agreement.
15. Entire Agreement; Modification
This Agreement constitutes the entire agreement between 3DATX and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 3DATX, or by the posting by 3DATX of a revised version.
16. No Third-Party Beneficiary
These terms control the relationship between 3DATX and You. They do not create any third party beneficiary rights.
These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 3DATX without restriction.
The waiver by 3DATX of any agreement, condition, or provision contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or provision contained in this Agreement, nor will any custom or practice that may develop in Your use of the Website be construed to waive or to lessen the right of 3DATX to insist upon the performance by You in strict accordance with the terms of this Agreement.
If any provision of this Agreement proves to be illegal, invalid, or for any reason unenforceable, then that term shall be deemed severable from this Agreement and the remainder of this Agreement will not be affected by such finding. In lieu of each provision of this Agreement that is deemed illegal, invalid, or unenforceable, a provision will be added as a part of this Agreement as similar in terms to such illegal, invalid, or unenforceable provision as may be possible so that such similar provision is legal, valid, and enforceable.
20. Choice of Law
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between You and 3DATX, its assignees, affiliates, or attorneys, shall be litigated solely in state or federal court in Erie County, New York. By using the Website, You (1) submit to the jurisdiction of such court, and (2) waive the defense of an inconvenient forum. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
The heading references herein are for convenience purposes only, do not constitute a part of these terms, and will not be deemed to limit or affect any of the provisions hereof.
23. About These Terms
The services hereunder are offered by 3DATX Corporation, located at: 501 John James Audubon, Suite 200, Buffalo NY 14228.