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Terms of Use

By using APPLIED DATABASE TECHNOLOGIES, INC.'s (ADT'S) ("this Website"), you agree to all terms below. If you do not agree with these terms, do not use ADT's Website. You agree that ADT may modify these Terms of Use at any time and you agree to be bound by all changes that ADT may reasonably make hereto.

1. Definitions

"You" refers to you as a user of ADT's Website, any party authorized to act on your behalf, your company, partner, or any party you are representing or acting on behalf of, on ADT's Website.

2. Representations

You represent that you are at least 18 years old and have provided and will continue to provide accurate and correct information to ADT. You represent that you have full authority to enter into this agreement and perform its terms. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties.

3. Venue and Choice of Law

This agreement is deemed to be made under and shall be governed by and construed in accordance with the laws of Washington State and that the venue for any dispute arising hereunder shall be the proper state or federal district court in Seattle, King County, Washington. You agree to waive questions of jurisdiction and all disputes brought by you shall be in the courts of Seattle, Washington. Prior to resorting to litigation, you agree to attempt to resolve any dispute by binding arbitration in accordance with the laws of the state of Washington, pursuant to the National Arbitration Rules of the United States. The place of arbitration shall be Seattle, Washington, United States. The language of the arbitration shall be English.

4. ADT's Content

Although ADT strives to update and keep accurate as much as possible the content contained on this Website, errors and/or omissions may occur. The content contained in ADT's Website or which may be downloaded from ADT's Website is provided "as is" and "as available". As such, ADT makes no warranty or representation regarding the quality, accuracy or completeness of such content and expressly disclaims liability for errors and/or omissions in said content. ADT may fix and correct typographical and unintentional errors at any time. If you have any concerns with the content on ADT, please contact us.

5. Communication with ADT

All messages, responses, and other communication between you and ADT, including but not limited to e-mails, voicemails, and webpages are confidential and/or subject to copyrights. You agree to take all reasonable steps to protect this confidential information and shall not down load, copy, distribute, share, or make public, any information from ADT without prior written permission from ADT.

6. Limitation of Liability

ADT shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit or goodwill for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either expressed or implied. In the event that any state/province/country does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, ADT's liability is limited to the full extent that is permitted by law. You agree that in no event shall ADT's maximum aggregate liability exceed one hundred US dollars ($100 US).

7. Indemnification

You agree to defend, indemnify and hold harmless ADT and its owners, operators, parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable legal fees, resulting from any third party claim, action, proceeding or demand related to your use (including your agents, affiliates, or anyone acting on your behalf) of ADT.

8. Force Majeure

ADT is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.

9. Severability

If any provision of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby. ADT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ADT as reflected in the original provision.

10. Privacy Policy

You agree to ADT's Privacy Policy.

11. Terms of Confidentiality

If you contact ADT to request a price, make an offer or negotiate a sale, or do business with ADT, you agree to ADT's Terms of Confidentiality. Whether written or in machine readable form, or disclosed orally or visually to the recipient, "Confidential Information" shall mean information concerning a party's business (including that of all subsidiaries and affiliates) including without limitation, data on website, e-mail marketing programs, customer lists and other customer data, business volumes or usage, financial information, pricing information, information related to mergers or acquisitions, software, software documentation, software source documents, manuals, formulas, security procedures, information concerning business plans or business strategy, presentations, proposals, technical and non-technical information including patent, copyright, trademark, trade secret, and proprietary information, techniques, printing forms, graphic design, templates, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, formulae, and all information related to the party's current, future, and proposed products and services, and the subject matter of this Agreement. All "Confidential Information" disclosed by ADT to the other party shall be and remain the exclusive property of ADT. ADT shall be the sole and exclusive owner of all "Confidential Information" rights, title, and interest hereunder.

12. Binding Effect

This agreement is binding on you, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees.

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