Privacy Policy

The Data Coder’s Privacy Policy which is an integral part f these Terms and Conditions is incorporated here by reference Data Coder If you have not yet reviewed the Data Coder’s Privacy Policy, then please d o so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Data Coder over the telephone, electronic ally or otherwise, is not confidential or proprietary to you.

Personal and Non­Commercial Use Limitation

Unless otherwise specified, the Services, Materials and Software are solely for your personal and non- commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

No Unlawful or Prohibited Use

As a condition of your use of the Data Coder Websites or any Services, you will not use the Materials, Software or Services for any purpose that is unlawf ul or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Data Coder server, or the network(s) connected to any Data Coder server, or interferes with any other party’s use and enjoyment of any of the Data Coder Websites, the Materials, Software or Services. You ma y not attempt to gain unauthorized access to any Data Coder Websites, the Materials, Software or Services, other accounts, computer systems or networks connected to any Core Software Solution server or to any of the Data Coder Websites, the Materials, Software or Services, through hacking, password mining or any other means.

You may not obtain or attemp t to obtain any Data Coder Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

User Responsibility

User Responsibility In connection with obtaining Services, you agree that you will:

Basic Responsibilities: You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive th e Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have co mpleted a back­up onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to Data Coder is accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Data Coder.

Liability Release: To the extent permitted by applicable law, Data Coder will have no liability for loss of or recovery of data, programs, or loss of u se of systems(s) or networks arising out of the S ervices or any act or omission, including negligence, by Data Coder and/or its representatives. If Data Coder works with you on any password or other access control oriented problems, Data Coder bly recommends that you reset s uch passwords(s) immediately following the completion of the Services.

Transfer: The Subscription­Based­Services are only transferable once during the subscription period from one computer to another provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.

Data Backup: Data Coder does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your co mputer and storage media before ordering the services. You acknowledge and agree that Data Coder or its referral partners have no responsibility or liability under any circum stance at any time for any loss or corruption of customer data, software or hardware that m ay arise out of the services. Data Coder does not provide backup copies or sup port installation of unlicensed software to cust omers. Please ensure that you have a licensed copy of all necessary software.

Cooperate with the Data Coder Technician: We will use commercially reasonable efforts to provide the to you. Our experience shows t hat most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:

The situation giving rise to the question is, reproducible on a single syst em, i.e., one central processing unit with its workstations and other peripherals;

You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances su rrounding the incident;

The full system, including software and hardware, is available to you and accessible by you without limit during any discu ssions with Data Coder personnel.

Availability of Services and Materials under Force Majeure Circumstances

You hereby acknowledge that circumstances outside of Data Coder reasonable control (e.g., acts of God, a la rge scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil di sorder, and acts of terrorism, fires, floods, v andalism, sabotage, acts of third parties, or the like) may cause significant delays in Data Coder ability to schedule a session. You hereby release Data Coder from any and all liability, and agree that Data Coder shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Data Coder or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

Exclusions from “Services”

“Services” shall not include th e following:

Any item or activity not covered by the terms of a Plan Order; Service beyond the duration limitations identified in your Plan Order;

Problem diagnosis that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;

Software, including the op erating system and software added to the registered hardware products which are out of scope for the Service Plan;