Terms of Use

1. Consent to Terms of Use. Your (“You” or “Your” as appropriate) access to, and use of, www.datapartners.com (hereinafter “Website”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using our Website, you consent to and accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Data Partners, Inc. are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit our Website immediately.

2. Ownership of Web Content. The Website and all of its contents including, but not limited to, all source code, text, and images (“Web Content”) are owned and copyrighted by Data Partners, Inc. or other owners (“Company” or “We” or “Us” or “Our” as context dictates). Any Web Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Data Partners, Inc. or others. Your use of any Web Content, except as provided in these Terms of Use, without the written permission of the Web Content owner is strictly prohibited.

3. Limitations on Use of Our Website. Data Partners, Inc. grants you permission to use our Website as follows:

You may browse our Website to educate yourself on our products and services;
You may download, but not alter, Web Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Web Content;
Web Content may be reproduced for editorial purposes in newspapers, general circulation news magazines, trade publications and broadcast media so long as prior written notification is supplied to Data Partners Inc.;
Except as permitted herein, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Web Content without Data Partners Inc. ‘s written permission;
You are prohibited from using our Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Data Partners Inc. will fully cooperate with any law enforcement authorities or any court order requesting or directing Data Partners, Inc. to disclose the identity of anyone posting or transmitting any such information or materials; and
You are prohibited from using our Website to advertise or perform any commercial solicitation to Data Partners, Inc. or any other person or entity.

4. Privacy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to our Website by electronic mail or otherwise will be used by Data Partners, Inc. in accordance with the our Privacy Policy detailed elsewhere in this site. Any other communication or material you transmit to our Website, such as questions, comments, suggestions or the like, are non-confidential and nonproprietary.

5. Disclaimer of Warranties. All Web Content is subject to change without notice and is provided to you “as is” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, Data Partners, Inc. neither warrants nor represents that your use of any Web Content will not infringe the rights of any third parties nor that the web content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on our Website, Data Partners, Inc. assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on our Website.

6. Exclusion of Liability. Your use of our Website is at your own risk. Neither Data Partners, Inc., nor any of its subsidiaries, affiliates, officers or directors, nor any of its agents or any other party involved in creating, producing, or delivering the site, are liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of our Website or content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.

7. Links to Third Party Websites. Our Website may contain links to sites owned or operated by parties other than Data Partners, Inc. Such links are provided for your convenience only. Data Partners, Inc. does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Data Partners, Inc. specifically disclaims any responsibility if such sites:

infringe any third party’s intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libelous or defamatory.

Neither does Data Partners, Inc. endorse the content, or any products or services available, on such sites. If you establish a link to such sites or our Website, you do so at your own risk and without the permission of Data Partners, Inc.

8. Prohibited Export. Software and other materials from this Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Website may be downloaded or exported into any country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Data Partners, Inc. does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.

9. Revisions to the Terms. Data Partners, Inc. may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

10. Controlling Law & Jurisdiction. These Terms of Use and your use of our Website are governed by the laws of the State of Florida, USA , without regard to its choice of law provisions. You acknowledge and agree that the courts of general jurisdiction located within Lee County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use, Your use of the Website, and all other aspects of our Website. By your use of our Website, you hereby irrevocably consent to these choices of law and forum selection provisions and knowingly waive any and all right to challenge the appropriateness of Lee County, Florida, USA as the sole forum for dispute resolution, including any claim or defense based on forum non conveniens.

11. Permitted & Prohibited Access Methods. You agree that all access to, and interaction with, the Website, including the completion and submission of any webforms, surveys, applications, or data-entry interfaces, must be performed directly by a single natural person acting on their own behalf, or by a single natural person acting on behalf of another individual pursuant to legally sufficient authority, including authority granted to a business entity or other organization acting through its authorized human representative, using a conventional, commercially available web browser, in real time, and in a manner consistent with ordinary human usage patterns. Without limiting the foregoing, you agree not to engage in, enable, permit, or facilitate any activity that:

Misrepresents Client Identity or Environment – Accesses or interacts with the Website using any client, device, software, or configuration that falsifies, obscures, suppresses, manipulates, rotates, dynamically alters, or inconsistently presents identifying characteristics, including but not limited to HTTP headers, user-agent strings, browser fingerprints, device attributes, operating system details, language settings, time zone indicators, network identifiers, or similar technical signals, whether during a single session or across multiple sessions.
Circumvents or Interferes with Safeguards – Disables, bypasses, defeats, interferes with, reverse engineers, probes, or otherwise circumvents any technical, behavioral, logical, procedural, or access-control measures implemented by the Website, including but not limited to rate limits, sequencing requirements, session controls, JavaScript-based challenges, hidden fields, honeypots, behavioral analysis, validation logic, traffic classification systems, or any other mechanism designed to ensure the integrity, authenticity, or legitimacy of user interactions.
Engages in Non-Human Timing or Interaction Patterns – Submits forms, navigates pages, populates fields, or otherwise interacts with the Website at speeds, frequencies, intervals, volumes, regularities, or patterns that are inconsistent with ordinary human behavior, including activity that is excessively rapid, precisely timed, repetitive, concurrent, or continuous beyond what a human user would reasonably perform.
Delegates or Orchestrates Interactions – Delegates, assigns, distributes, relays, orchestrates, coordinates, or proxies any interaction with the Website through multiple devices, processes, agents, endpoints, or intermediaries, or through any system that enables parallelized, scripted, prefilled, precomputed, queued, or programmatically driven submissions.
Uses Intermediaries to Obscure Origin or Control – Accesses the Website through anonymization services, relay networks, rotating IP mechanisms, traffic brokers, proxy services, residential or datacenter IP pools, or similar technologies in a manner that obscures the true origin, continuity, or control of the interaction, or that defeats attribution of activity to a single, consistent end user.
Separates the User from the Act of Submission – Causes information to be prepared, populated, injected, transmitted, or submitted to the Website in a manner where the submitting action is not contemporaneously initiated, reviewed, and affirmatively executed by the same natural person at the time of submission.
Submits Pre-Composed or Programmatically Generated Inputs – Submits content that is pre-generated, pre-filled, dynamically generated, or programmatically assembled outside the ordinary, interactive use of the Website’ user interface, including content inserted through automated scripts, background processes, external tooling, or non-interactive mechanisms.
Defeats Session or Continuity Assumptions – Initiates or completes interactions that rely on broken, spoofed, reset, replayed, parallel, or otherwise non-contiguous sessions, or that intentionally disrupt or manipulate session state, cookies, tokens, local storage, or similar continuity mechanisms.
Violates Attribution and Control Representations – Submits any information for which you cannot truthfully represent and warrant that the information was provided directly by you, under your sole and immediate control, without automated assistance, delegation, or intervention, and accurately reflects your own actions, intent, and decision-making at the time of submission.
Engages in Activity Designed to Mimic or Simulate Human Behavior – Engages in conduct intended to imitate, simulate, or approximate human interaction characteristics for the purpose of avoiding detection, classification, throttling, or enforcement of the Website’ access controls or usage policies.

12. Representations and Warranties – By interacting with the Website or submitting any form or information through the Website, you expressly represent and warrant that:

You have read and agree to these Terms of Use;
You are a single natural person acting on your own behalf or a single natural person acting on behalf of another individual pursuant to legally sufficient authority, including authority granted to a business entity or other organization acting through its authorized human representative;
You are using a conventional web browser without modification intended to misrepresent identity or behavior;
You will not, directly or indirectly, attempt to bypass, evade, defeat, interfere with, obscure, or otherwise circumvent any restriction, limitation, suspension, block, ban, reroute, filter, throttle, rate limit, traffic control, access control, detection mechanism, or enforcement measure implemented by the Company, whether temporary or permanent, and whether applied at the account, user, device, network, session, protocol, or traffic level;
You will not take any action intended to disguise, rotate, relay, proxy, delegate, distribute, or otherwise alter the apparent source, identity, continuity, or characteristics of your access or interactions for the purpose of avoiding or undermining such measures;
Your interaction with the Website is contemporaneous, voluntary, and directly initiated by you;
No automated, delegated, scripted, prefilled, relayed, or programmatically driven process assisted in any submission made via or to the Website; and
All information submitted accurately reflects your own individual actions, intent, and control.

13. Detection. You acknowledge and agree that We may use technical, behavioral, statistical, or analytical methods to evaluate compliance with the provisions of these Terms of Service and the Representations and Warranties you have made pursuant to your use, and that determinations regarding compliance, misuse, circumvention, or violation may be made based on observed patterns, signals, or inconsistencies, whether individually or in the aggregate.

14. Abuse as Breach. Any violation of the foregoing provisions regarding permitted and prohibited access method and Your Representations and Warranties constitutes prohibited abuse of the Website and a material breach of these Terms of Use. Such abuse may also constitute unauthorized access, circumvention of technical safeguards, misrepresentation, fraud, or interference with computer systems in violation of applicable law, including but not limited to, the Florida Computer Abuse and Data Recovery Act, Fla. Stat. §§ 668.801-668.804, the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq., other applicable Florida statutory and common law doctrines, as well as the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the Wire Fraud Act, 18 U.S.C. § 1343, and other applicable federal and state statutes governing computer misuse, unfair or deceptive practices, and electronic communications. To the extent such conduct originates from outside the United States, it may further implicate international cybercrime frameworks binding on or implemented by the U.S., including the Convention on Cybercrime (Budapest Convention), ratified by the United States and implemented through existing federal criminal statutes and international cooperation mechanisms.

15. Consequences & Enforcement. In addition to any other rights or remedies available at law or in equity, the Company may, in its sole discretion and without prior notice, right to contest, or right to appeal, take any action it deems appropriate in response to prohibited conduct, including but not limited to: blocking, banning, denying, suspending, throttling, filtering, rerouting, sinkholing, rate-limiting, or otherwise restricting access or traffic; rejecting, invalidating, nullifying, or deleting submissions; terminating or suspending accounts or access credentials; preserving logs, metadata, and related records for investigatory or evidentiary purposes; and pursuing civil remedies, injunctive relief, damages, cost recovery, attorneys’ fees where permitted by law, or referral to law enforcement or regulatory authorities. No right of access to the Website by You or any other person or entity exists independent of full compliance with these Terms of Use.