PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THIS SITE. BY CONTINUING TO USE THIS SITE, YOU AGREE, ON YOUR BEHALF AND ON BEHALF OF YOUR EMPLOYER OR SUCH OTHER PARTY RETAINING YOUR SITES, TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU AGREE NOT TO ACCESS OR USE THE SITE.
Welcome to www.torrentialdata.com ("Site"). Torrential Data Solutions, Inc., a Virginia corporation ("Torrential"), will continue to provide you with access to this Site (as it may exist from time to time) under the terms and conditions embodied in this Terms of Use Agreement ("Agreement").
Torrential grants you a non-exclusive, non-transferable, revocable right to access, use and display this Site on your personal computer.
Torrential has the right to modify this Agreement and impose new or modified policies or practices at any time in its sole and absolute discretion. Any modification is effective immediately when posted to http://www.torrentialdata.com/legal/privacy.asp. Your continued use of this Site after the posting of these modifications shall be conclusively deemed an acceptance of all such modification(s).
This Agreement is personal to you, and you will not allow other persons to use a login name or password to access any restricted areas of this Site without the prior written consent of Torrential. You will not resell or redistribute access to, or information available through, the Site to any third party for financial gain. You are jointly and severally responsible for the use of the Site by any Authorized User (and, subject to your compliance with its obligations in Section 7, an unauthorized user accessing the Site with a user name and/or password assigned to you) and for any consequences arising from such use.
1. Communications Charges.
You are responsible for all charges of third parties for goods and Sites required, or otherwise used by you, to connect to the Site, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Site.
2. Use of the Site.
You will pay all monthly fees, surcharges, applicable taxes and other charges you incurs regarding the Site. As of the effective date of this Agreement, Torrential does not charge any of the foregoing.
You consent to allow Torrential to monitor the content that you or its Authorized Users transmit by means of the Site, but you understands that Torrential shall have no obligation to do so. You expressly agrees that Torrential shall not be liable to you for any action Torrential takes to remove or restrict access to such material, or for any action taken to remove or restrict access to material posted in violation of any of the terms of this Agreement or of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Torrential has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
In consideration of your use of the Site, Torrential may access any and all data sent or received by you or an Authorized User through the Site and use any such data to accomplish the internal business purposes of Torrential.
You will receive a password and account designation after completing the registration process. You are solely responsible for maintaining the confidentiality of its password(s), and you agree that Torrential will have no obligations with regard thereto. You will notify Torrential immediately of any unauthorized use of its password(s) or account(s) or any other breach of security. In the event of a breach of security, you will remain liable for any unauthorized use of the Account with the Site until you notify Torrential by calling 757.222.2000.
Your use of the Site will at all times comply with all applicable laws, rules, and regulations and all rules imposed by Torrential from time to time. You will indemnify, defend and hold harmless Torrential and its employees, licensors, independent contractors, content or Site providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all claims, proceedings, damages, injuries, liabilities, losses and costs (including, without limitation, attorneys' fees and costs) incurred by the Affiliates in connection with any claim arising out of any breach (whether by action or omission) by you of any of its representations, warranties and covenants contained in this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. Torrential reserves the right, at its own expense, to assume the exclusive defense and control of any material otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Torrential.
THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTENT ACCURACY OR THE RESULTS TO BE OBTAINED FROM ITS USE. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TORRENTIAL NOR ITS SUPPLIERS MAKE ANY WARRANTIES REGARDING THE SITE AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OR LACK OF SECURITY OF OR ERROR IN THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TORRENTIAL'S NEGLIGENCE. TORRENTIAL DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED IN A TIMELY FASHION.
UNDER NO CIRCUMSTANCES SHALL TORRENTIAL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR THE INTERNET GENERALLY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF TORRENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL TORRENTIAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSE OF ACTON EXCEED THE AMOUNT, IF ANY, RECEIVED BY TORRENTIAL DURING THE ONE (1) YEAR IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH CLAIM. YOU UNDERSTANDS THAT IF IT BECOMES DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE SITE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
1. Entire Agreement.
This Agreement constitutes the entire agreement between Torrential and you with respect to the Site.
2. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS.
3. JURISDICTION.
THE SOLE AND EXCLUSIVE JURISDICTIONS FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE COURT LOCATED IN VIRGINIA BEACH, VIRGINIA OR FEDERAL COURT LOCATED IN NORFOLK, VIRGINIA.
4. LIMITATIONS PERIOD.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
5. Severability.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
6. Assignment.
You will not assign this Agreement or its rights or obligations hereunder without the prior written consent of Torrential. Torrential may assign this Agreement and its rights and obligations hereunder in its sole discretion and without your consent.