The short version:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all 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 data-brew, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 21 years old.
All Rights Reserved.
All content of the Website website is subject to copyright with all rights reserved. No portion of the Website (html, images, text content, source code) may be mirrored, retransmitted, copied, duplicated, reposted, or otherwise used without the written approval of data-brew.com.
Your data-brew.com Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and data-brew may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause data-brew liability. You must immediately notify data-brew of any unauthorized uses of your account or any other breaches of security. data-brew will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. By creating an account you understand your account is for use by you only, and is not allowed to be shared by multiple people. You may use you account on my computers but it is for use by you only. Accounts are non-transferrable. You may not sell, redistribute, sublicense, or otherwise transfer your account, or any portions of your account, to anyone without the prior written consent of data-brew.com.
Feedback and Suggestions.
Any feedback you provide to data-brew by using the contact page, or otherwise, becomes the property of data-brew. data-brew is under no obligation to follow user suggestions. You grant data-brew a world-wide, royalty-free, and exclusive license to reproduce, modify, adapt and publish the suggestion for any purpose and any works data-brew creates from that suggestion. data-brew is under no obligation to provide any form of compensation for feedback or suggestions.
Responsibility of Contributors.
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
-the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
-if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
-you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
-the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
-the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
-the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
-your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s name is not the name of a person other than yourself or company other than your own; and
-you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by data-brew or otherwise.
By submitting Content to data-brew, you grant data-brew a world-wide, royalty-free, and exclusive license to reproduce, modify, adapt and publish the Content for any purpose.
Without limiting any of those representations or warranties, data-brew has the right (though not the obligation) to, in data-brew’ sole discretion (i) refuse or remove any content that, in data-brew’ reasonable opinion, violates any data-brew policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in data-brew’ sole discretion. data-brew will have no obligation to provide a refund of any amounts previously paid.
1. Responsibility of Website Visitors.
data-brew has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, data-brew 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. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. data-brew 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.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which data-brew.com links, and that link to data-brew.com. data-brew does not have any control over those non-data-brew websites and webpages, and is not responsible for their contents or their use. By linking to a non-data-brew website or webpage, data-brew does not represent or imply that it endorses such website or webpage. 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. data-brew disclaims any responsibility for any harm resulting from your use of non-data-brew websites and webpages.
4. Copyright Infringement and DMCA Policy.
As data-brew 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 data-brew.com violates your copyright, you are encouraged to notify data-brew in accordance with data-brew’ Digital Millennium Copyright Act (“DMCA”) Policy. data-brew will respond to all such notices as required or appropriate by removing the infringing material or disabling all links to the infringing material. data-brew will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of data-brew or others. In the case of such termination, data-brew will have no obligation to provide a refund of any amounts previously paid to data-brew.
5. Intellectual Property.
This Agreement does not transfer from data-brew to you any data-brew or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with data-brew. data-brew, data-brew.com, the data-brew.com logo, and all other trademarks, service marks, graphics and logos used in connection with data-brew.com, or the Website are trademarks or registered trademarks of data-brew or data-brew’ 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 data-brew or third-party trademarks.
data-brew reserves the right to display advertisements unless you have purchased an Upgrade that is exempt from advertisements.
data-brew 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 acceptance of those changes. data-brew may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
data-brew 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 data-brew.com 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, indemnity and limitations of liability.
9. Disclaimer of Warranties.
The Website is provided “as is”. data-brew 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 data-brew nor its suppliers and licensors, makes any warranty 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 discretion and risk. The information and opinions contained in the Website are provided without any warranty of any kind, express or implied. Use downloads, examples, calculators, and any other techniques AT YOUR OWN RISK. data-brew is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. All information provided is for information purposes only and does not constitute a legal contract between data-brew and any person or entity unless otherwise specified. Information provider at this website is subject to change without prior notice. Every reasonable effort is made to present current and accurate information, though data-brew makes no guarantees of any kind. All links to external Web sites are provided as a courtesy. They are not endorsed by data-brew for the content or views of the linked materials.
10. Limitation of Liability.
In no event will data-brew, 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 data-brew under this agreement during the twelve (12) month period prior to the cause of action. data-brew shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty.
You agree to indemnify and hold harmless data-brew, 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.
This Agreement constitutes the entire agreement between data-brew and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of data-brew, or by the posting by data-brew of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Davidson County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in Nashville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; data-brew may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, data-brew collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. data-brew’ purpose in collecting non-personally identifying information is to better understand how data-brew’ visitors use its website. From time to time, data-brew may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
data-brew also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on data-brew.com blog posts. data-brew only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information Certain visitors to data-brew’ websites choose to interact with data-brew in ways that require data-brew to gather personally-identifying information. The amount and type of information that data-brew gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at data-brew.com to provide a username and email address. Those who engage in transactions with data-brew – by purchasing access to the data-brew calculator tools are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, data-brew collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with data-brew. data-brew does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
data-brew may collect statistics about the behavior of visitors to its websites. For instance, data-brew may monitor the most popular blogs on the data-brew.com site or use spam screened by the Akismet service to help identify spam. data-brew may display this information publicly or provide it to others. However, data-brew does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
data-brew discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on data-brew’ behalf or to provide services available at data-brew’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using data-brew’ websites, you consent to the transfer of such information to them. data-brew will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, data-brew discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when data-brew believes in good faith that disclosure is reasonably necessary to protect the property or rights of data-brew, third parties or the public at large. If you are a registered user of an data-brew website and have supplied your email address, data-brew may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with data-brew and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. data-brew takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If data-brew, or substantially all of its assets were acquired, or in the unlikely event that data-brew goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of data-brew may continue to use your personal information as set forth in this policy.