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Web Site Legal
Notices
Disclaimers
and Terms of Use
The following
disclaimers and terms of use govern the use by you of PDM - Personal Data
Managers web pages. These disclaimers and terms of use apply to all materials
that are or become available on PDM - Personal Data Managers web pages. By
accessing and using PDM - Personal Data Manager's web pages, you specifically
agree to abide by these rules and any modifications to them.
1. Modifications.
These disclaimers and terms of use may be modified by PDM - Personal Data
Managers at any time without notice, and such modifications shall be effective
immediately upon posting of the modified disclaimers and terms of use on PDM -
Personal Data Manager's web site. You agree to review these disclaimers and
terms of use periodically to be aware of such.
2. Disclaimer of Contract.
All information provided in PDM - Personal Data Managers web pages is provided
for information purposes only and does not constitute a legal contract between
PDM - Personal Data Managers and any person or entity unless otherwise
specified.
3. Disclaimers and Limitation of Liability.
The information and content on this server is provided "as is" with no warranty
of any kind, either express or implied, including but not limited to, the
implied warranties and merchantability, fitness for a particular purpose, and
non-infringement. The content of this web site has been compiled from a variety
of sources and is subject to change without notice. A possibility exists that
the server materials could include any accuracies or errors. Additionally, a
possibility exists that unauthorized additions, deletions, and alterations could
be made by third parties to the web site materials. Although PDM - Personal Data
Managers tries to ensure the integrity and the accuracy of the web site
materials, it makes no guarantees about their correctness or accuracy. PDM -
Personal Data Managers makes no representation or warranty whatsoever regarding
the completeness, quality, non-infringement, accessibility, or adequacy of the
contents of the web site, or the suitability, functionality, or operation of
this web site, its contents, or its use with any other equipment or software. By
using this web site, you assume the risk,, that the contents of this web site
may be inaccurate, incomplete, or offensive or it may not meet your needs and
requirements.
The views and opinions expressed on PDM - Personal Data Managers web pages do
not necessarily state or reflect those of PDM - Personal Data Managers. Any
links to external web sites, references to products or services, or non-PDM -
Personal Data Managers information provided on PDM - Personal Data Manager’s web
pages are provided as a courtesy. Such courtesy information does not necessarily
constitute or imply its endorsement, recommendations, or favoring by PDM -
Personal Data Managers the content or views of the linked materials.
Under no circumstances, including by not limited to, negligence, shall PDM -
Personal Data Managers be liable for any direct, indirect, incidental, special,
punitive or consequential damages that may result from the use or inability to
use PDM - Personal Data Manager's web pages, including, without limitation use
of, or reliance on, information available on PDM - Personal Data Manager's,
interruptions, errors, defects, mistakes, omissions, deletions of files, delays
in operation or transmission, non-delivery of information, disclosure of
communications, or any other failure of performance even if PDM - Personal Data
Managers has been advised of the possibility of such damages.
4. Release and Indemnity.
You hereby release and waive any and all claims and/or liability against PDM -
Personal Data Managers arising from or in connection with your use of PDM -
Personal Data Manager's web pages. You also agree to defend, indemnify and hold
harmless, PDM - Personal Data Managers and any of it employees, from and
against, any and all claims or liability, including costs and attorneys fees,
arising from or in connection with your use of PDM - Personal Data Manager's web
pages or failure to abide by applicable law.
5. Governing Laws and Jurisdiction.
These disclaimers and terms of use shall be governed by and construed in
accordance with the laws of the state of California, United States of America,
without giving effect to any principals of conflicts of laws as they apply to
agreements made and fully performed therein. Disputes arising hereunder shall be
exclusively subject to the jurisdiction of the federal courts of the United
States of America and/or the state courts of California and jurisdiction
therefore shall rest solely in the state of California, United States of
America.
6. Severability.
These Disclaimers and Terms of Use incorporate by reference any notices
contained on the PDM - Personal Data Managers web site and constitute the entire
agreement with respect to your access to and use of PDM - Personal Data
Manager's web site, any provision shall be deem severable from the remaining
provisions and shall not affect their validity and enforceability.
7. Copyright.
All compilation and content of this site, including its assembly, design, text
illustrations, photographs, logos, etc., are the intellectual property of PDM -
Personal Data Managers. All world wide rights, titles and interests are
reserved. By accessing and using this web site, you agree to abide by United
States and international copyright law and all other applicable laws. No part of
this web site may be copied without written permission. You may cite or refer to
the URL of this web site without limitation. Certain links within this site link
to external web sites. Material at those external sites may be copyrighted to
the organizations responsible for those sites. This copyright notice in no way
applies to those external sites.
8. Claims of Copyright Infringement.
Claims of copyright infringement are handled according to procedures in
compliance with provisions of the Digital Millennium Copyright Act. PDM -
Personal Data Manager’s designated DMCA agent will receive claims of
infringement. The DMCA requires such claims to contain certain information (see
below) (DMCA section 512 (c) (3) (A)) including location of infringing
materials. Penalties also exist for knowingly misrepresenting a claim (DMCA
section 512(f)).
Designated
DCMA Agent
Michael J. Huber
Vice President - Operations
PDM - Personal Data Managers
PO Box 6322
Folsom, CA 95763 - 6322
Phone: (916) 225 - 3757
Fax: (916) 608 - 4447
E-mail:
m_huber@personaldatamanagers.com
Notification of Claimed Infringement
DMCA Section 512 (c) (3) (A) requires the following of notices alleging
copyright infringement:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the service
provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
DMCA Section 512 (d) (3) requires similar information for notices requesting
removal of links or other references to infringing materials.
PDM - Personal Data
Managers
P.O. Box 6322
Folsom, California
95763 - 6322
(916) 608 - 4447
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