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Data-Mania Terms & Conditions

TERMS AND CONDITIONS OF DATA-MANIA.COM USAGE

Terms Of Use For Data-Mania, LLC Website

UPDATED: June 8, 2020


Disclaimer

The website is owned by Data-Mania, LLC

By viewing this website or anything made available on or through this website, including but not limited to my PROGRAMS, PRODUCTS, SERVICES, OPT-IN GIFTS, E-BOOKS, VIDEOS, WEBINARS, BLOG POSTS, E-NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA AND/OR OTHER COMMUNICATION (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

By viewing this website or anything made available on or through this website, including but not limited to my PROGRAMS, PRODUCTS, SERVICES, OPT-IN GIFTS, E-BOOKS, VIDEOS, WEBINARS, BLOG POSTS, E-NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA AND/OR OTHER COMMUNICATION (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OF DATA-MANIA LLC.’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE DATA-MANIA’S PRODUCTS OR SERVICES.

1. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

2. NOT LEGAL OR FINANCIAL ADVICE.
I am not an attorney, accountant or financial advisor, nor am I holding myself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.

3. PERSONAL RESPONSIBILITY.
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.

4. NO GUARANTEES.
My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

5. EARNINGS DISCLAIMER.
Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

6. TESTIMONIALS.
I present real world experiences, testimonials, and insights about other people’s experiences with my Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

7. ASSUMPTION OF RISK.
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.

8. LIMITATION OF LIABILITY.
By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that I will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DATA-MANIA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF DATA-MANIA OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DATA-MANIA’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO DATA-MANIA FOR ANY PRODUCTS SUPPLIED BY DATA-MANIA THROUGH YOUR USE OF THE SITE OR OTHERWISE.

DATA-MANIA WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

9. INDEMNIFICATION AND RELEASE OF CLAIMS.
You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.

10. NO WARRANTIES.
I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY WEBSITE. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH DATA-MANIA. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF DATA-MANIA IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT DATA-MANIA DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO DATA-MANIA FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, DATA-MANIA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES DATA-MANIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH DATA-MANIA STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, DATA-MANIA DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, DATA-MANIA DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

DATA-MANIA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, DATA-MANIA DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

11. ERRORS AND OMISSIONS.
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Website, or for any errors or omissions that may occur.

12. NO ENDORSEMENT.
References or links in my Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

13. AFFILIATES.
From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. Please note that I am highly selective and I only promote the partners whose programs, products and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through my Website.

14. USER CONDUCT.

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

  • copy, reproduce, use, or otherwise deal with any content on the Site;
  • modify, distribute, or re-post any content on the Site for any purpose; or
  • use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  2. not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Websites;
  3. not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  4. not to use, frame, or utilize framing techniques to enclose any Data-Mania trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Data-Mania’s express written consent;
  5. not to use meta tags or any other “hidden text” utilizing a Data-Mania name, trademark, or product name without Data-Mania’s express written consent;
  6. not to deeplink to this Site without Data-Mania’s express written consent;
  7. not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  8. not to collect or store personal data about others;
  9. not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  10. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Data-Mania; and
  11. to be bound by the Product Submission Policies of Data-Mania, LLCluding that any product submission you may make to Data-Mania will not be held in confidence by Data-Mania, and is not proprietary, that Data-Mania may use the product submission and any aspect thereof for any purposes in Data-Mania’s sole discretion, and that Data-Mania owes no duties or obligations with respect to you or the product submission made.

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

15. PRIVACY POLICY.

Users of this Site and/or other products or services of Data-Mania should refer to Data-Mania’s Privacy Policy for information about how Data-Mania uses and collects information. You agree that Data-Mania may disclose your personal information to a third party if Data-Mania believes in good faith that the law or legal process requires it, to protect the rights or property of Data-Mania or others, or as otherwise described in the Privacy Policy.

16. BECOMING A REGISTERED USER

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Forum or use of the “Public Profile” feature of our Website. A “Forum” means any chat room, message board, bulletin board, information swap, or similar activity where you and other users of our Website can communicate.

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to, or seek to, assign, transfer or sublicense your rights as a registered user of this Website, which is strictly prohibited.

17. COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use this Website (including any Forums) to:

  1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, injuries, ethnically or otherwise objectionable (in our sole discretion);
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Data-Mania, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Data-Mania, our affiliates or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
  5. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
  8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
  10. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  12. “Stalk” or otherwise harass another user or employee of this Website; or
  13. Collect or store personal data or attempt to collect or store personal data about other users of the Website.

Your privilege to use this Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

18. SUBMISSIONS

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, information, notes, drawings, articles, stories about yourself or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure or use of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.

19. LINKS

These Terms & Conditions apply only to this Website, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

20. THIRD PARTY PRODUCTS & SERVICES

You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

21. YOUR PASSWORD AND USER ACCOUNT

If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

22. CONTENT UPLOADED TO THE SITE

In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Data-Mania has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in perpetuity throughout the world as Data-Mania in its sole discretion sees fit without further consent or payment. Data-Mania has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Data-Mania has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Data-Mania may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Data-Mania’s sole discretion. Data-Mania is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

23. CHANGES TO THE SITE

Data-Mania may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Data-Mania shall not be liable therefore.

24. LINKED SITES

Data-Mania makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Data-Mania, and Data-Mania is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Data-Mania of the site or any information contained therein. When leaving the Site, you should be aware that Data-Mania’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

25. COPYRIGHT AND TRADEMARKS

All Site materials, including, without limitation, Data-Mania and all Data-Mania product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © Data-Mania, LLC. ALL RIGHTS RESERVED. Data-Mania or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Data-Mania or the respective copyright owner. You may not, without the express written permission of Data-Mania or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Data-Mania or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Data-Mania, LLC., in the United States and other countries: Data-Mania, data-mania.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Data-Mania or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Data-Mania, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Data-Mania. Other names and brands may be claimed as the property of others.

Copyright Policy and Copyright Agent

It is Data-Mania’s policy to respect the copyright and intellectual property rights of others. Data-Mania may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Data-Mania may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Data-Mania complies with the Digital Millennium Copyright Act.

If you believe that Data-Mania or any user of our Site has infringed your copyright in any material way, please notify Data-Mania, and provide the following:

  1. an identification of the intellectual property right claimed to have been infringed;
  2. an identification of the material that you claim is infringing so that we may locate it on the Site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
  5. a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
  6. that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: communication@data-mania.com,

or by mail to:

Data-Mania, LLC

1321 Upland Drive, #1454

Houston, TX 77073

Attention: Director of Online Operations

26. PRODUCT AND SERVICE DESCRIPTIONS

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

  1. orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
  2. all prices are displayed in United States Dollars unless expressly indicated otherwise;
  3. packaging may vary from that shown on the Site;
  4. any weights, dimensions, and capacities shown on the Site are approximate only; and
  5. all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

27. ORDER AND PAYMENT INFORMATION

If you use the Site or other means to purchase a product, payment must be received by Data-Mania prior to Data-Mania’s acceptance of an order, unless otherwise agreed by Data-Mania. Data-Mania may need to verify information you provide before Data-Mania accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Data-Mania will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Data-Mania expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Data-Mania is registered to you. Data-Mania shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Data-Mania, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Data-Mania may reject orders where the stated delivery address is outside the United States and Canada. Data-Mania will add applicable shipping and handling fees.

Data-Mania reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Data-Mania’s descriptions of, or references to, products not owned by Data-Mania on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Data-Mania.

28. SHIPPING

Unless otherwise noted, Data-Mania will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Data-Mania to you is Data-Mania’s good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Data-Mania shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Data-Mania cannot ship to P.O. boxes.

29. AUTOMATIC RENEWAL

With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

30. INTERNATIONAL USERS

This Site is controlled, operated, and administered by Data-Mania from its offices within the United States of America. Data-Mania makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

31. TERMINATION

Notwithstanding any of these Terms and Conditions, Data-Mania reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Data-Mania shall not be liable for any termination of your use of or access to the Site.

32. NO THIRD-PARTY RIGHTS

Only you and Data-Mania shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

33. SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

34. APPLICABLE LAW AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in Delaware, or the United States District Court for Delaware, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of Delaware. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Wilmington, Delaware. All Claims shall be determined by one arbitrator; however, if Claims exceed One Hundred Thousand Dollars ($100,000.00), upon the request of either Data-Mania or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Data-Mania to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

35. GENERAL

The Terms and Conditions constitute the entire agreement between Data-Mania and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Data-Mania. Any cause of action you may have with respect to the Site or Data-Mania’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Data-Mania to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Data-Mania, and you do not have any authority to create any obligation or make any representation on Data-Mania’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Data-Mania’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Data-Mania and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

36. OTHER IMPORTANT TERMS

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Website at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

37. PRIVACY POLICY

Who we are

Our website address is: https://www.data-mania.com.

Welcome to Data-Mania, LLC. (“Data-Mania”), and its principals, affiliates, subsidiaries and wholly owned business units, as well as Lillian Pierson and their respective affiliates and principals (collectively, “Data-Mania” or “us” or “we” or “our”). Data-Mania has created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. This privacy policy is here to tell you about, among other things, the information Data-Mania collects through any of our Websites, including, but not limited to, data-mania.com and members.data-mania.com, and through other means, how we use that information, how you can opt out of certain uses of the information we collect, and how Data-Mania can make changes to this privacy policy. Please let us know if you have any questions regarding this privacy policy by contacting us at communication@data-mania.com.

But first a note about children’s privacy . . .

We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. Data-Mania encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

  • Teach kids never to give out personal information, unless supervised by a parent or responsible adult. This includes their name, address, phone number, school, etc.
  • Know the sites your kids are visiting and which sites are appropriate.
  • Look for Website and other privacy policies. Know how your child’s information is being treated.

What personal data we collect and why we collect it

In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services or browse our Websites without providing any personal information, but once you give us this personal information, you are not anonymous to us.

Data-Mania collects two types of information when you visit our Website(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, email address or date of birth (“personal information”); and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Website(s) (“non-personal information”).

Personal Information: We specifically request personal information from you at certain points on and off our Website(s). For example, when you call us, sign up for our products or subscriptions, visit or subscribe to our Website(s), use our mobile or web applications or when you purchase an item or service, we collect personal information which may include, without limitation, your name, shipping and billing addresses, telephone number, email address, credit card information, and date of birth. From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media websites, or from Affiliated Companies or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service or information, or to offer you personalized content.

Non-personal Information: When you visit our Website(s), we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect other information such as the type of browser or device you are using, the URL from which you came to our Website(s) and the URLs that you visited on our Website(s). A URL is the full address of a Website page, which may contain some personal or identifying information about the person who is viewing it.

Information We Obtain from Other Sources: We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook Connect) through or in connection with our Website(s), we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.

Use of Cookies: We also use a feature of your browser called a cookie to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our Websites to give you a better overall shopping experience. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our Website(s). Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our Websites properly. Current versions of many Web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your Web browser’s Help menu for more information on the cookie management features available to you.

Use of Pixel Tags: We also collect information through the use of “pixel tags” on our Websites and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. Data-Mania may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

Do Not Track Signals. Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our Website(s) unless you provide such information to us. We also work with third parties that use tracking technologies on our Websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.aboutads.info.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Traffic that comes to this site is tracked in Google Analytics, LinkedIn, and Facebook.

How we use or disclose the information we collect

Data-Mania’s Use of Personal Information and Non-personal Information: We use your personal information to process your requests, fulfill your orders and communicate with you about your orders, send important notices or tell you about new products or services. We may also use your personal information to improve our products, services and advertising, personalize our Website(s), target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you. On occasion, we may also contact you about Data-Mania’s or any of its business units’ or partners’ products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding Data-Mania. For information about opting out of such communications, please see our Opt-Out Policy section below.

Third Party or Co-Branded Offers: Data-Mania occasionally partners with third parties (“Affiliated Company”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company certain limited information, such as your name and shipping address. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information such as your e-mail address, phone number and other contact information, and if you purchased a product, your credit card information. If you do not want us to disclose your personal information to the Affiliated Companies, please refer to the Opt-Out Policy below.

Cookies (again): We may use cookie and IP address information to count and track Website visits and purchases in the aggregate, to personalize the Website(s) for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our server, and to administer our Website(s).

Customer Service Issues and Contacts: We may use your personal information to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction.

Transaction Processing: When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.

Legal Requirements: We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Data-Mania and its employees or others.

Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Third Party Tools/Services: At various points and pages on our Website(s), you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect). These third parties have separate data collection and privacy practices independent from ours, and thus Data-Mania cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Other Disclosures: Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.

Who we share your data with

Google Analytics data related to the number of website visitors may be, at times, shared with clients. This is done only for the purpose of helping them validate the quality of this site’s blog content. Other than that, we do not share data with anyone, ever.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Opt-Out Policy

You may opt out of receiving communication from us, from Affiliated Companies, or from other third parties by emailing us at: communication@data-mania.com

or writing to us at:

Data-Mania, LLC.

1321 Upland Drive, #1454

Houston, TX 77043

Attention: Legal Department

In addition, we may contact you via email or use targeted online advertising. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.

Security

Data-Mania uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

Other Websites; Links

On our Website(s) and in communication with you, we may include links or referrals to businesses and Websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Data-Mania cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Community Center/Community Chatrooms/Message Boards

Our Website(s) includes online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and Data-Mania cannot control what use third parties may make of this personal information.

All of these forums are public. Please consider this before you post.

How can I access, update, or delete my information?

Data-Mania does not currently have a method for users to delete the personal information contained in our database. However, you may access or update the personal information we have collected by calling our Customer Service Department. When calling our Customer Service Department, please have available your email address, order number, the name of the product you purchased, and the information you wish to change. Our Customer Service Department will use commercially reasonable efforts to respond to requests for personal information and our provision of the same is subject to legal and business restrictions. In addition, you may delete the cookie stored on your computer, which will cause our system to perceive you as a new user with no known user data. You may also set your browser to reject cookies, but doing so may prevent you from using some of our services.

Users Based Outside of the USA; Transfer of Personal Information

Like almost every Website and business, Data-Mania and its Website(s) may be accessed by an international audience. By visiting any of our Website(s) and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.

What happens to my information if Data-Mania is sold to or merges with another company?

It is possible that Data-Mania and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.

Changes to This Policy

This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our Website(s) in this location together with the date of the last update. Your continued business relationship or use of the Website(s) after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website(s) or business relationship with us.

38. CONTACTING DATA MANIA.

Please feel free to share any comments, concerns, or complaints with us. If you have any questions about this privacy policy or the practices of this Website, please contact:

Data-Mania, LLC.

1321 Upland Drive, #1454

Houston, TX 77043

or email us: communication@data-mania.com

or call us: 1-407-852-8511

Last updated and effective: June 8, 2020.

 

Terms of Use: DCC: $1,197 (or 12 payments of $119)

Terms of Use: Data Creatives & Co. (“DCC”)

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the “Data Creatives & Co.” outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Data-Mania, LLC (hereinafter “Data-Mania, LLC” or “Data-Mania”), and you agree you are voluntarily entering into a legally binding Agreement with Data-Mania, LLC, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of one-thousand one hundred and ninety seven U.S. Dollars ($1,197 or 12 payments of $119) Client is electing to purchase the digital program entitled “Data Creatives & Co.” (hereinafter “DCC” or “Program”). If you purchased the Data Creatives & Co. Members-Only VIP Coaching Package, the terms and conditions of that program are also as detailed below. In exchange, Data-Mania, LLC agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

DCC Course Program Outline:

Client agrees and understands that he/she is purchasing the Data Creatives & Co. by Data-Mania, LLC, a 12 month digital program (currently featuring 8 “core” modules) designed to walk you step by step through a successful construction of a data business. Created by data expert Lillian Pierson. Whether you’re a pro or just starting out, DCC will cover the primary strategies Data-Mania, LLC has used in order to scale to multiple six-figures with their products and services.

Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in DCC as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on Data-Mania’s website.  

If at any time Client is found to be disruptive, making disparaging or defamatory comments about DCC Program, Data-Mania, or Lillian, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Data-Mania reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

Non- Disclosure

Client understands that one of the primary elements in purchasing DCC and learning from Data-Mania, LLC is the benefit of obtaining expert guidance, teachings, materials, and exercises Data-Mania has used to grow its own data business. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Data-Mania, LLC, including but not limited to materials such as verbal advice, product / service guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in DCC. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in DCC, without permission from Data-Mania, LLC or Lillian Pierson personally.

Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through DCC, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Data-Mania, LLC. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in DCC, other than for personal use in her own business without prior written permission from Data-Mania, LLC.

Testimonials

Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to Data-Mania, LLC, Lillian Pierson may be published and used as testimonials by Data-Mania, LLC. Client gives Data-Mania, LLC a non-exclusive license to use any such copy written by Client on Data-Mania’s social media profile, in email, or otherwise, and repost on Data-Mania, LLC social media channels, in advertisements for DCC, or other similar channels for the specific purpose of promoting and showcasing DCC client results.

If Client chooses to write about positive experiences in DCC, Client understands the material, along with Client’s name and other identifying information, will likely be published on Data-Mania, LLC’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting Data-Mania, LLC an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.

Payment and Payment Plan

Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:

  • A one-time payment of one thousand one hundred and ninety seven U.S. dollars ($1,197) payable up front, in full; or
  • Twelve (12) payments of one hundred and nineteen U.S. dollars ($119) payable over three (12) months, totalling $1,428 if this payment plan option is selected;

Client agrees to render payment via credit card on Data-Mania, LLC’s sales and checkout page for DCC. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Data-Mania, LLC’s website or a designated third-party payment processor of Data-Mania, LLC’s choosing, in full.

If Client elects to purchase DCC via the offered payment plan, Client agrees to abide by the rules and payments as explained on Data-Mania, LLC’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of DCC for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.

Data-Mania, LLC reserves the right to cancel Client’s access to DCC should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Data-Mania, LLC in exchange for work completed thus far, and it is up to the sole discretion of Data-Mania, LLC whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

Refund Policy

Data-Mania fully believes in its product. It knows the methods work, but only if the Client is dedicated to the process. Nevertheless, Data-Mania offers a conditional 14-day refund under the following circumstances:

In the event Client desires a refund, Client must contact the support team at communication@Data-Mania.com within the first fourteen (14) days from the date DCC was purchased. Within this 14 day window, a representative from Data-Mania will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a Data-Mania customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by Data-Mania team and within Data-Mania’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full DCC course, Client has no further recourse regarding refunds.

Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), DCC modules, and all other information included within Program.  

Due to the subjective nature of the Program provided by Data-Mania, LLC, and Data-Mania, LLC’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Data-Mania, LLC is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if DCC is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.

Voluntary Participation

Client understands and agrees that he/she is voluntarily choosing to enroll in DCC and is solely responsible for any outcomes or results. Data-Mania, LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in DCC and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within DCC is solely the responsibility and decision of Client.

CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding DCC and Data-Mania, LLC, should Client make any false or disparaging comments within the DCC Facebook group, to other members of DCC, or otherwise publicly speak negatively about Data-Mania and/or LLC, Lillian Pierson, or any other member of Data-Mania, LLC, or DCC, Client may be removed from the DCC community. Data-Mania, LLC places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

Disclaimer

Specific results are not guaranteed. Data-Mania, LLC cannot guarantee results of DCC, and cannot make any representations or guarantees regarding individual results. Client will hold Data-Mania, LLC and DCC harmless if he or she does not experience the desired results, including but not limited to success of an online product or service launch.  

Earnings Disclaimer: Data-Mania, LLC also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Data-Mania, LLC responsible for Client earnings, or any increase or decrease in finances based upon information within DCC. Any information or testimonials regarding past or current clients’ working with Data-Mania, LLC contained on Website or in sales material that contain financial information are individual, and results may vary. Data-Mania, LLC is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside DCC and as such, have no way of ensuring that DCC will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether DCC will be right or beneficial for you, and is in no way the responsibility of Data-Mania, LLC, Lillian Pierson, or anyone else associated with Data-Mania, LLC.

Client understands that all services provided by Data-Mania, LLC in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Data-Mania, LLC on a purely voluntary basis and does not hold Data-Mania, LLC or Program responsible should Client become dissatisfied with any portion of the Program.

Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Data-Mania, LLC delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Data-Mania, LLC and Client.

Client agrees to hold Data-Mania, LLC harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of DCC. The content provided by Data-Mania, LLC on his/her website and within DCC is comprised of information that has worked for Data-Mania, LLC and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Data-Mania, LLC cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Data-Mania, LLC responsible for.

Intellectual Property

Client agrees and understands that Data-Mania, LLC has created numerous original, creative works in connection with the Program, and agrees that Data-Mania, LLC maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Data-Mania, LLC. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Data-Mania, LLC. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Data-Mania, LLC to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.

Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Data-Mania, LLC or obtained through working with Data-Mania, LLC, without Data-Mania, LLC’s express written consent. If such behavior is discovered or suspected, Data-Mania, LLC reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  

Licensee Rights: Data-Mania, LLC’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Data-Mania, LLC as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Data-Mania, LLC. As a “Licensee,” Client understands and agrees that Client will not:

Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Data-Mania, LLC;

Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Data-Mania, LLC, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.

Claim any content created by Data-Mania, LLC as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Data-Mania, LLC was Client’s work, and use in his/her business as his/her own.

Share purchased materials, information, content with others who have not purchased them.

Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Indemnification

Client agrees at all times to defend, fully indemnify and hold Data-Mania, LLC and any affiliates, agents, team members or other party associated with Data-Mania, LLC harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Data-Mania, LLC be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Data-Mania, LLC’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Data-Mania, LLC, free of charge.

Dispute Resolution

Should a dispute arise between Data-Mania, LLC and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Data-Mania, LLC responsible for any specific results, or those results which have been achieved by other clients of Data-Mania, LLC.)

If unable to reach a resolution informally, Client and Data-Mania, LLC agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Wilmington, Delaware within a reasonable amount of time. Client and Data-Mania, LLC agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

This Agreement shall be governed by and under control of the laws of Delaware regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Delaware are to be applicable here.

Amendments

This Agreement may be amended and/or updated by Data-Mania from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, Data-Mania will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Data Creatives & Co. (DCC) by Data-Mania, LLC. Once the Program is purchased and all Agreements are agreed to, Client will begin receiving the core content modules. One module will be released approximately every three weeks over the course of the eight (8) months, until Client has received all core and bonus modules. After which, Client is to have continued access until the end of the 12-month program, and may review or complete at his/her own pace. All access to the DCC support group and curriculum is revoked exactly 12-months after the date of purchase, at which time Client can choose to re-enroll for an agreed upon fee.

As outlined on the sales page, DCC includes the following 8 core modules are delivered within the following 4 phases:

PHASE 1: How to Come Up With an Irresistible Offer Clients Are Happy to Pay Top Dollar For

✔ How to Do Proper Market Research to Figure Out What Your Ideal Clients REALLY Want (90% of Data Entrepreneurs Don’t Do This)

✔ How to Use Your Research Results to Create an Offer So Alluring, You Won’t Even Need to ‘Sell’ It (Just Present It and Watch as a Client’s Eyes Flash With Excitement)

✔ How to Calculate the Perfect Price for Your Service (Done-for-You Calculator Included)

✔ Steal My Proven Copy-and-Paste Outreach Scripts to Pitch Your Offer to Potential Clients (Built to Land You a Client in 30 Days or Less)

PHASE 2: How to Build a Stunning Website & Sales Pages for Your Business (Copy-and-Paste Templates)

✔ How to Build a Professional Website for Your Business FAST – Without Writing a Single Line of Code or Hiring a Programmer

✔ How to Optimize Your New Website for Traffic and Sales Without Hiring Marketing Experts… And Save Yourself THOUSANDS of Dollars

✔ How to Create High-Converting Sales Pages in Just a Couple of Hours… By Using My Tried-and-True Templates That Made Me $100K+

✔ Replicate the Website I Used to Generate Over $100k in My First Year With a Brand New Business (Fill-in-the-Blanks Copy Templates Included)

PHASE 3: How to Attract High-Paying Clients at Will, Without Pitching & Selling

✔ How to Use Blog and Social Media Posts to Attract a Steady Stream of Warm Leads Ready to Do Business With You… Even If You Are a Poor Writer

✔ How to Get a Professional Writer to Create Content for You… Turn It Into $20K a Month Worth of Business… And Keep 70% as Profit

✔ The Exact Strategy I Used to Make $4k in Revenues, Get 5k Email Subscribers, and Land a $3k/Hour Remote Speaking Gig… Just By Publishing 5 Blog Posts

✔ Proven Copy-and-Paste Scripts for Articles, Social Media Posts, Outreach Messages, and Everything Else You’ll Ever Need

PHASE 4: How to Close Deals and Make Sales in Your Sleep – Without Ever Hopping on Calls and Wasting Time at Meetings

✔ How to Automate Your Client-Getting Process and Attract More Hot Leads Than You’ll Know What to Do With… By Giving Away a FREE Product

✔ How to Grow Your Email List in Your Sleep – Without Any Maintenance Whatsoever (This Will Be Your #1 Asset)

✔ How to Sell Your Services Via Email – So You NEVER Have to Hop on Sales Calls or Go to Face-to-Face Meetings

✔ The Exact Email Marketing Process I’ve Used To Close $60,000 In Direct Sales, Without Need For Sales Calls or Advertising

Modules: Data-Mania, LLC will make available eight (8) core modules, released to Client approximately every 3 weeks, over the course of eight (8) months. Although designed to complete in order, weekly, Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by Data-Mania, LLC for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in DCC. Access to all modules will end exactly 365 days after initial date of enrollment.

Bonus Modules: DCC will also include three (4) additional “bonus” assets. While Data-Mania does not anticipate or expect Bonus Modules to change, it may add, remove, or update such modules as appropriate, within its sole and exclusive discretion. Bonus Modules are to be considered “extra” value over and above what is being purchased, and Client understands he/she does not have a cause of action or claim for refund if Bonus Modules are updated or changed at any point in the future.

 Facebook Group Access: Client may also be granted access to a private group on social media organized by Data-Mania as a BONUS to joining DCC. If applicable to Client and Client joins, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Data-Mania, LLC reserves the right to remove Client from any such Facebook group and other similar community, in order to preserve the experience for the rest of Data-Mania, LLC’s clients.

Group Coaching Calls: Only for Clients who paid extra for DCC VIP Group Coaching Access – For a limited time, DCC will include access to group coaching calls within Zoom, where members may log in and access a live Q&A call with Lillian, to get any questions answered and gain extra insights. This feature is not included within the price of DCC Course, and is an add-on. Client understands that the terms & conditions of that add-on DCC VIP Group Coaching Package are identical to the terms and conditions of the DCC Course shown on this page.

Client has carefully read this Program Outline Addendum and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program, with the exception of exclusive or limited time, time-sensitive bonuses. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included, or may be a limited time bonus. Data-Mania, LLC is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time.

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Data-Mania, LLC and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.

END OF TERMS

 

By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you („Client“) are entering into a legally binding agreement with Data-Mania, LLC,(“Company“), according to the following terms and conditions:
In this contract:

‘I’, Lillian Pierson, CEO of Data-Mania, LLC; and

‘You’,means the person buying or using my services and resources and signed with their name at the bottom of this contract.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at communication@data-mania.com.

I am the CEO of Data-Mania, LLC and my mailing address is :
Lillian Pierson, as CEO of Data-Mania, LLC
1321 Upland Drive
Houston, Texas 77043 – United States

1. Introduction

1.1 If you buy coaching services from me you agree to be legally bound by this contract.

1.2 If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.

1.3 When buying any services or using any resources you also agree to be legally bound by: 1.3.1 my website terms of use and privacy policy;

1.3.2 extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us;

1.3.3 specific terms which apply to my services, for example, program or service descriptions which may be set out on the webpage for that program or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the program or look at the services description I have sent you in an email or request it from me.
All these documents form part of this contract as though set out in full here.

2. Information I give you

2.1. Certain sections of this contract

only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I will give you this information in a clear and understandable way either in this contract or the relevant program or service description we agree between us.
I will give you information on:
the main characteristics of the services you are buying who I am, where I am based and how you can contact me the price of the services, the arrangements for payment, carrying out the services and the time by which I will carry out the services, my complaint handling policy

3. Ordering services

3.1. Below, I set out how a legally binding contract to buy services between you and me is made:

3.2. You place an order either on the site by clicking on the relevant payment link or I will send you the link by email or via bank transfer. Please read and check your order carefully before submitting it.

3.2.1. When you place your order at the end of the online checkout process by clicking on the payment link on my site, by paying the invoice following this contract, or via bank transfer I will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2. Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 48 hours.

3.2.3. When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.

3.2.4. I may contact you to say that I do not accept your order, for example, if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.

3.2.5. I will only accept your order when I communicate this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and (b) I will start to carry out the services as set out in the program description on the company website or in a services description agreed between us.

4. Carrying out the services

4.1. If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.

4.2. I will carry out the services within the time period which is set out in the relevant program or services description.

4.3. All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the program description or services description or they will expire.

4.4. You can rearrange private coaching sessions during a coaching program providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged 1 or more sessions in a coaching program, you may be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.

4.5. All sessions take place remotely via the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.

4.6. Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.

4.7. My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I will make reasonable efforts to limit the effect of any of those events, I will keep you informed of the circumstances and I will try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

5. Your responsibilities

5.1. You will pay the price for the services in accordance with the program or services description.

5.2. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

5.3. You agree to behave professionally, courteously, and respectfully. You acknowledge and agree that your participation is the vital element to the program’s success. I make no guarantee or warranty that Services and/or this program will meet your requirements or that all clients will achieve the same results. If you have monthly one-on-one coaching sessions, you agrees to book each and every monthly one-on-one coaching session by either contacting communication@data-mania.com or through the online calendar. You acknowledge if you fail to use or complete a one-on-one coaching session by the end of each month, then it is forfeited. You shall give 24 hours’ notice to reschedule any session within the month. In the event that you do not give 24 hours’ notice to reschedule the one-on-one monthly coaching session, then you agree that your monthly session is forfeited.

5.4. Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the program and the actions we agree.

5.5. My role is to offer you guidance and accountability and help you make positive business changes in order to make progress towards your goals. The information I provide to you is not medical or legal advice and is not intended to take the place of seeing licensed health or legal professionals.

5.6. Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of counselling, therapy or medical treatment.

5.7. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching program described in the relevant program or services description.

5.8. You will keep me informed of any changes to your medical health or personal circumstances.

6. Charges and payment

6.1. The price for the services is set out in the program or services description.

6.2. Usually, I require full payment in advance in order to provide the services. For some programs or services, I may agree to payment by installments, in which case a supplementary fee will be chargeable. The relevant program or services description will state if I have agreed to accept payment by installments. If I agree to accept payment by installments and you fail to make any of the instalment payments on the due date then I will invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
6.3 Upon execution of this Agreement, Client will be responsible for the full extent of the Fee agreed upon. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund or credit toward unpaid fees. The full fee associated with the program will be enforced.

6.3.1 Where I cancel a program other than under 10.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
In all other circumstances, I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the program as a whole, not individual sessions. This is a due to the amount of preparation I need to put into the program to make it most effective for you and the amount of time I will dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life through my coaching program.
In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.

6.4. Payment is via the invoice following this contract or as agreed between us.

6.5. If any of your payments are not paid on the due date, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc‘s base rate.

7. Term & Termination

7.1 This Agreement will terminate automatically upon completion of the Services required by this Agreement. In the event that you are is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. I will be allowed to immediately collect all sums from you and terminate providing further Services to you. In the event that you are in arrears of payments, I retains the sole discretion to continue to offer Services after payment is finally received.

8. Intellectual property

If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
Any copyrightable works, ideas, or other information (collectively “Work Product”) I develop in whole or in part in connection with the Services will be the exclusive property of me. Such materials shall be provided to you for your individual use only, and you shall not be authorized to use any of my intellectual property or Work Product for any personal, commercial, or business purposes outside the limits of this Agreement. You shall not be authorized to share, copy, post, reproduce, duplicate, sell, trade, resell, distribute, exploit, or otherwise disseminate any materials (including, but not limited to, course and/or program materials) received from me electronically or otherwise without my prior written consent. All intellectual property, including my copyrighted course, coaching curriculum, and program materials, any worksheets or related documents, processes, or any custom strategies or custom coaching tips, shall remain my sole property. No license to sell or distribute my course or program materials is granted or implied.

9. How I may use your personal information

9.1. I will use the personal information you give to me to:

9.1.1. provide the services;

9.1.2. process your payments for the services; and

9.1.3. Inform you about any similar products and services that I provide though you may stop receiving this information at any time by contacting me.

9.2.All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

9.3. I will not give your personal information to any third party unless you agree to it.

10. Confidential information

10.1 As part of any group program owned by Data-Mania, LLC (incl. Catapult Coaching), each Client agrees to hold every other Client’s Confidential Information in the same strict confidence as that which is required between Data-Mania, LLC and its Client. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.

All Parties agree not to disclose, reveal, or make use of any Confidential Information learned of through its transactions together through written materials, during discussions, the working sessions, or otherwise, without prior written consent.

The term “Confidential Information” means any proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, business procedures, potential and current client lists, developments, inventions, processes, e-mail formats, spreadsheets, templates, course or program materials, technology, worksheets, e-mail tips or strategies, marketing, finances or other business information disclosed between both Parties either directly or indirectly.

All Parties and their respective employees, agents, and representatives will protect such information and shall use its best efforts to safeguard and treat it as strictly confidential; provided, however, the Coach has the right to use pictures or photographs from the live events, and pieces and parts involved in Services in Coach’s social media, blog, marketing, and workshops without the prior consent of Client. If Coach wishes to use pieces or parts of the Services for any other purpose, Coach must get the prior written permission of the Client.

This provision will continue to be effective after the termination of this Agreement. The damages arising out of any breach of this confidentiality provision are and will be extremely difficult to ascertain, and therefore the Client to this Agreement agrees that any breach of this Paragraph five (5) will result in an award of liquidated damages in the amount of $1,000 per breach as damages and not as a penalty, in addition to any other remedies available to the non-breaching party (including, without limitation, reasonable attorneys’ fees).

11. Resolving problems

11.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

11.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

12. End of the contract

12.1. If a program or services description specifies a length of time for services to be provided, then subject to clause 10.2 below, the services will terminate at the end of that timeframe.

12.2. If I provide services to you on an ongoing basis and the relevant program or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.

12.3. Either you or I may terminate the services and this agreement immediately if:

12.3.1. the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or

12.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency.

12.4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

13. Limit on my responsibility to you

13.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

13.1.1. losses that:
(a) were not foreseeable to you and me when the contract was formed
(b)that were not caused by any breach of these terms on my part

13.1.2. business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

13.2 My total liability to you is limited to the amount of fees, if any, paid by you for the services.

14. Indemnify

14.1 You shall defend, indemnify, and hold harmless Data-Mania, officers, trustees, affiliates, and successors from and against any and all damages, liabilities or expenses (including without limitation attorney’s fees and costs, claims, damages, judgments, awards, settlements, investigations, fees, and disbursements) incurred by Data-Mania resulting from third parties claims or threats of claims arising (i) the provision of the services contemplated hereunder, (ii) the conduct of business and (iii) any infringement or violation of any third party right of Data-Mania’s intellectual property. This indemnification obligation shall survive the termination of this Agreement.

15. Disputes & Non-Disparagement

15.1. I will try to resolve any disputes with you quickly and efficiently.

15.2. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of State of Delaware, USA will have exclusive jurisdiction in relation to this contract.

15.3. The laws of State of Delaware, USA will apply to this contract.

15.4. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services. Parties agree, both during and after the term of this Agreement, not to disparage, or make any disparaging remarks, or make remarks which could be construed as disparaging, or send any disparaging communications or communications which could be construed as disparaging concerning the other party, its respective reputation, business performance, and officers, directors, agents, and employees, to anyone. The damages arising out of any breach of this non-disparagement provision are and will be extremely difficult to ascertain, and therefore the Client to this Agreement agrees that any breach of this Paragraph seven (7) will result in an award of liquidated damages in the amount of $750 per breach as damages and not as a penalty, in addition to any other remedies available to the non-breaching party (including, without limitation, reasonable attorneys’ fees).
Parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in New Castle County, DE. Both Parties agree that this shall be a final and binding arbitration, under the rules of the American Arbitration Association.

16. Entire agreement

16.1 These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

17. Third party right

17.1. No one other than a party to this contract has any right to enforce any term of this contract.

18. Severability

18.1 If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. The ownership, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement shall survive the termination of this Agreement for any reason.

19. Governing Law & Venue Selection

19.1 This Agreement shall be (i) governed by the laws of the state of Delaware without regard to its conflicts of law provisions, and (ii) subject to service of process by and in the State of Delaware. Any arbitration suits arising out of or related to this Agreement shall be filed in New Castle County, Delaware.

20. Miscellaneous

20.1 The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both Parties in a mutual effort.

21. Acceptance of Terms

21.1 By clicking the Terms of Use & Privacy Policy button, Parties acknowledge and agree to abide by all terms of this Agreement. Electronic acceptance shall be considered legal and binding. Both Parties agree that such electronic acceptance of the Terms and Conditions of Service (and the entirety of this Agreement) shall constitute a legal and binding instrument with the same effect as an originally signed copy. Client further acknowledges acceptance of this Agreement by submitting the initial, non-refundable deposit payment for Services.

General Data-Mania, LLC Terms & Conditions

TERMS AND CONDITIONS OF SALE, SERVICE AND USE – For Non Data Creatives & Co. Programs

Disclaimer

The website is owned by Data-Mania, LLC

By viewing this website or anything made available on or through this website, including but not limited to my PROGRAMS, PRODUCTS, SERVICES, OPT-IN GIFTS, E-BOOKS, VIDEOS, WEBINARS, BLOG POSTS, E-NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA AND/OR OTHER COMMUNICATION (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

By viewing this website or anything made available on or through this website, including but not limited to my PROGRAMS, PRODUCTS, SERVICES, OPT-IN GIFTS, E-BOOKS, VIDEOS, WEBINARS, BLOG POSTS, E-NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA AND/OR OTHER COMMUNICATION (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OF DATA-MANIA LLC.’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE DATA-MANIA’S PRODUCTS OR SERVICES.

1. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

2. NOT LEGAL OR FINANCIAL ADVICE.
I am not an attorney, accountant or financial advisor, nor am I holding myself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.

3. PERSONAL RESPONSIBILITY.
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.

4. NO GUARANTEES.
My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

5. EARNINGS DISCLAIMER.
Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

6. TESTIMONIALS.
I present real world experiences, testimonials, and insights about other people’s experiences with my Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

7. ASSUMPTION OF RISK.
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.

8. LIMITATION OF LIABILITY.
By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that I will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DATA-MANIA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF DATA-MANIA OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DATA-MANIA’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO DATA-MANIA FOR ANY PRODUCTS SUPPLIED BY DATA-MANIA THROUGH YOUR USE OF THE SITE OR OTHERWISE.

DATA-MANIA WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

9. INDEMNIFICATION AND RELEASE OF CLAIMS.
You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.

10. NO WARRANTIES.
I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY WEBSITE. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH DATA-MANIA. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF DATA-MANIA IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU ACKNOWLEDGE THAT DATA-MANIA DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO DATA-MANIA FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, DATA-MANIA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES DATA-MANIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH DATA-MANIA STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, DATA-MANIA DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, DATA-MANIA DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

DATA-MANIA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, DATA-MANIA DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

11. ERRORS AND OMISSIONS.
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Website, or for any errors or omissions that may occur.

12. NO ENDORSEMENT.
References or links in my Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

13. AFFILIATES.
From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. Please note that I am highly selective and I only promote the partners whose programs, products and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through my Website.

14. USER CONDUCT.

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

  • copy, reproduce, use, or otherwise deal with any content on the Site;
  • modify, distribute, or re-post any content on the Site for any purpose; or
  • use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  2. not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Websites;
  3. not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
  4. not to use, frame, or utilize framing techniques to enclose any Data-Mania trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Data-Mania’s express written consent;
  5. not to use meta tags or any other “hidden text” utilizing a Data-Mania name, trademark, or product name without Data-Mania’s express written consent;
  6. not to deeplink to this Site without Data-Mania’s express written consent;
  7. not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  8. not to collect or store personal data about others;
  9. not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  10. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Data-Mania; and
  11. to be bound by the Product Submission Policies of Data-Mania, LLCluding that any product submission you may make to Data-Mania will not be held in confidence by Data-Mania, and is not proprietary, that Data-Mania may use the product submission and any aspect thereof for any purposes in Data-Mania’s sole discretion, and that Data-Mania owes no duties or obligations with respect to you or the product submission made.

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

15. PRIVACY POLICY.

Users of this Site and/or other products or services of Data-Mania should refer to Data-Mania’s Privacy Policy for information about how Data-Mania uses and collects information. You agree that Data-Mania may disclose your personal information to a third party if Data-Mania believes in good faith that the law or legal process requires it, to protect the rights or property of Data-Mania or others, or as otherwise described in the Privacy Policy.

16. BECOMING A REGISTERED USER

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Forum or use of the “Public Profile” feature of our Website. A “Forum” means any chat room, message board, bulletin board, information swap, or similar activity where you and other users of our Website can communicate.

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to, or seek to, assign, transfer or sublicense your rights as a registered user of this Website, which is strictly prohibited.

17. COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use this Website (including any Forums) to:

  1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, injuries, ethnically or otherwise objectionable (in our sole discretion);
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Data-Mania, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Data-Mania, our affiliates or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
  5. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
  8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
  10. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  12. “Stalk” or otherwise harass another user or employee of this Website; or
  13. Collect or store personal data or attempt to collect or store personal data about other users of the Website.

Your privilege to use this Website (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

18. SUBMISSIONS

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, information, notes, drawings, articles, stories about yourself or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure or use of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.

19. LINKS

These Terms & Conditions apply only to this Website, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

20. THIRD PARTY PRODUCTS & SERVICES

You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

21. YOUR PASSWORD AND USER ACCOUNT

If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

22. CONTENT UPLOADED TO THE SITE

In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Data-Mania has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in perpetuity throughout the world as Data-Mania in its sole discretion sees fit without further consent or payment. Data-Mania has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Data-Mania has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Data-Mania may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Data-Mania’s sole discretion. Data-Mania is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

23. CHANGES TO THE SITE

Data-Mania may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Data-Mania shall not be liable therefore.

24. LINKED SITES

Data-Mania makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Data-Mania, and Data-Mania is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Data-Mania of the site or any information contained therein. When leaving the Site, you should be aware that Data-Mania’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

25. COPYRIGHT AND TRADEMARKS

All Site materials, including, without limitation, Data-Mania and all Data-Mania product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © Data-Mania, LLC. ALL RIGHTS RESERVED. Data-Mania or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Data-Mania or the respective copyright owner. You may not, without the express written permission of Data-Mania or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Data-Mania or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of Data-Mania, LLC., in the United States and other countries: Data-Mania, data-mania.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Data-Mania or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Data-Mania, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Data-Mania. Other names and brands may be claimed as the property of others.

Copyright Policy and Copyright Agent

It is Data-Mania’s policy to respect the copyright and intellectual property rights of others. Data-Mania may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Data-Mania may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Data-Mania complies with the Digital Millennium Copyright Act.

If you believe that Data-Mania or any user of our Site has infringed your copyright in any material way, please notify Data-Mania, and provide the following:

  1. an identification of the intellectual property right claimed to have been infringed;
  2. an identification of the material that you claim is infringing so that we may locate it on the Site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
  5. a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
  6. that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: communication@data-mania.com,

or by mail to:

Data-Mania, LLC

1321 Upland Drive, #1454

Houston, TX 77073

Attention: Director of Online Operations

26. PRODUCT AND SERVICE DESCRIPTIONS

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

  1. orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
  2. all prices are displayed in United States Dollars unless expressly indicated otherwise;
  3. packaging may vary from that shown on the Site;
  4. any weights, dimensions, and capacities shown on the Site are approximate only; and
  5. all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

27. ORDER AND PAYMENT INFORMATION

If you use the Site or other means to purchase a product, payment must be received by Data-Mania prior to Data-Mania’s acceptance of an order, unless otherwise agreed by Data-Mania. Data-Mania may need to verify information you provide before Data-Mania accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Data-Mania will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Data-Mania expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Data-Mania is registered to you. Data-Mania shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Data-Mania, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Data-Mania may reject orders where the stated delivery address is outside the United States and Canada. Data-Mania will add applicable shipping and handling fees.

Data-Mania reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Data-Mania’s descriptions of, or references to, products not owned by Data-Mania on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Data-Mania.

28. SHIPPING

Unless otherwise noted, Data-Mania will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by Data-Mania to you is Data-Mania’s good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Data-Mania shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Data-Mania cannot ship to P.O. boxes.

29. AUTOMATIC RENEWAL

With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

30. INTERNATIONAL USERS

This Site is controlled, operated, and administered by Data-Mania from its offices within the United States of America. Data-Mania makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

31. TERMINATION

Notwithstanding any of these Terms and Conditions, Data-Mania reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Data-Mania shall not be liable for any termination of your use of or access to the Site.

32. NO THIRD-PARTY RIGHTS

Only you and Data-Mania shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

33. SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

34. APPLICABLE LAW AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in Delaware, or the United States District Court for Delaware, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of Delaware. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Wilmington, Delaware. All Claims shall be determined by one arbitrator; however, if Claims exceed One Hundred Thousand Dollars ($100,000.00), upon the request of either Data-Mania or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Data-Mania to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

35. GENERAL

The Terms and Conditions constitute the entire agreement between Data-Mania and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Data-Mania. Any cause of action you may have with respect to the Site or Data-Mania’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Data-Mania to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Data-Mania, and you do not have any authority to create any obligation or make any representation on Data-Mania’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Data-Mania’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Data-Mania and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

36. OTHER IMPORTANT TERMS

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Website at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Last updated and effective APRIL, 7 2020.

37. PRIVACY POLICY

Who we are

Our website address is: https://www.data-mania.com.

Welcome to Data-Mania, LLC. (“Data-Mania”), and its principals, affiliates, subsidiaries and wholly owned business units, as well as Lillian Pierson and their respective affiliates and principals (collectively, “Data-Mania” or “us” or “we” or “our”). Data-Mania has created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. This privacy policy is here to tell you about, among other things, the information Data-Mania collects through any of our Websites, including, but not limited to, data-mania.com and members.data-mania.com, and through other means, how we use that information, how you can opt out of certain uses of the information we collect, and how Data-Mania can make changes to this privacy policy. Please let us know if you have any questions regarding this privacy policy by contacting us at communication@data-mania.com.

But first a note about children’s privacy . . .

We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. Data-Mania encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

  • Teach kids never to give out personal information, unless supervised by a parent or responsible adult. This includes their name, address, phone number, school, etc.
  • Know the sites your kids are visiting and which sites are appropriate.
  • Look for Website and other privacy policies. Know how your child’s information is being treated.

What personal data we collect and why we collect it

In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services or browse our Websites without providing any personal information, but once you give us this personal information, you are not anonymous to us.

Data-Mania collects two types of information when you visit our Website(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, email address or date of birth (“personal information”); and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Website(s) (“non-personal information”).

Personal Information: We specifically request personal information from you at certain points on and off our Website(s). For example, when you call us, sign up for our products or subscriptions, visit or subscribe to our Website(s), use our mobile or web applications or when you purchase an item or service, we collect personal information which may include, without limitation, your name, shipping and billing addresses, telephone number, email address, credit card information, and date of birth. From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media websites, or from Affiliated Companies or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service or information, or to offer you personalized content.

Non-personal Information: When you visit our Website(s), we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect other information such as the type of browser or device you are using, the URL from which you came to our Website(s) and the URLs that you visited on our Website(s). A URL is the full address of a Website page, which may contain some personal or identifying information about the person who is viewing it.

Information We Obtain from Other Sources: We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook Connect) through or in connection with our Website(s), we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.

Use of Cookies: We also use a feature of your browser called a cookie to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our Websites to give you a better overall shopping experience. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our Website(s). Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our Websites properly. Current versions of many Web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your Web browser’s Help menu for more information on the cookie management features available to you.

Use of Pixel Tags: We also collect information through the use of “pixel tags” on our Websites and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. Data-Mania may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

Do Not Track Signals. Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our Website(s) unless you provide such information to us. We also work with third parties that use tracking technologies on our Websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.aboutads.info.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Traffic that comes to this site is tracked in Google Analytics, LinkedIn, and Facebook.

How we use or disclose the information we collect

Data-Mania’s Use of Personal Information and Non-personal Information: We use your personal information to process your requests, fulfill your orders and communicate with you about your orders, send important notices or tell you about new products or services. We may also use your personal information to improve our products, services and advertising, personalize our Website(s), target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you. On occasion, we may also contact you about Data-Mania’s or any of its business units’ or partners’ products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding Data-Mania. For information about opting out of such communications, please see our Opt-Out Policy section below.

Third Party or Co-Branded Offers: Data-Mania occasionally partners with third parties (“Affiliated Company”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company certain limited information, such as your name and shipping address. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information such as your e-mail address, phone number and other contact information, and if you purchased a product, your credit card information. If you do not want us to disclose your personal information to the Affiliated Companies, please refer to the Opt-Out Policy below.

Cookies (again): We may use cookie and IP address information to count and track Website visits and purchases in the aggregate, to personalize the Website(s) for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our server, and to administer our Website(s).

Customer Service Issues and Contacts: We may use your personal information to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction.

Transaction Processing: When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.

Legal Requirements: We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Data-Mania and its employees or others.

Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Third Party Tools/Services: At various points and pages on our Website(s), you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect). These third parties have separate data collection and privacy practices independent from ours, and thus Data-Mania cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Other Disclosures: Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.

Who we share your data with

Google Analytics data related to the number of website visitors may be, at times, shared with clients. This is done only for the purpose of helping them validate the quality of this site’s blog content. Other than that, we do not share data with anyone, ever.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Opt-Out Policy

You may opt out of receiving communication from us, from Affiliated Companies, or from other third parties by emailing us at: communication@data-mania.com

or writing to us at:

Data-Mania, LLC.

1321 Upland Drive, #1454

Houston, TX 77043

Attention: Legal Department

In addition, we may contact you via email or use targeted online advertising. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.

Security

Data-Mania uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

Other Websites; Links

On our Website(s) and in communication with you, we may include links or referrals to businesses and Websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Data-Mania cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Community Center/Community Chatrooms/Message Boards

Our Website(s) includes online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and Data-Mania cannot control what use third parties may make of this personal information.

All of these forums are public. Please consider this before you post.

How can I access, update, or delete my information?

Data-Mania does not currently have a method for users to delete the personal information contained in our database. However, you may access or update the personal information we have collected by calling our Customer Service Department. When calling our Customer Service Department, please have available your email address, order number, the name of the product you purchased, and the information you wish to change. Our Customer Service Department will use commercially reasonable efforts to respond to requests for personal information and our provision of the same is subject to legal and business restrictions. In addition, you may delete the cookie stored on your computer, which will cause our system to perceive you as a new user with no known user data. You may also set your browser to reject cookies, but doing so may prevent you from using some of our services.

Users Based Outside of the USA; Transfer of Personal Information

Like almost every Website and business, Data-Mania and its Website(s) may be accessed by an international audience. By visiting any of our Website(s) and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.

What happens to my information if Data-Mania is sold to or merges with another company?

It is possible that Data-Mania and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.

Changes to This Policy

This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our Website(s) in this location together with the date of the last update. Your continued business relationship or use of the Website(s) after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website(s) or business relationship with us.

38. CONTACTING DATA MANIA.

Please feel free to share any comments, concerns, or complaints with us. If you have any questions about this privacy policy or the practices of this Website, please contact:

Data-Mania, LLC.

1321 Upland Drive, #1454

Houston, TX 77043

or email us: communication@data-mania.com

or call us: 1-407-852-8511

Last updated and effective: April 7, 2020.