Acceptance of Terms
‍The following agreement outlines your obligations when using the Datavations website available at https://www.datavations.com/ or any other websites of Datavations, Inc. (“Datavations”), (the “Site”). The Site is owned and operated by Datavations, and is accessed by you under the terms of use described below (“Terms of Use”). These Terms of Use are legally binding on all users of this Site and constitute a legally binding agreement between you (“User”) and Datavations. By accessing this Site, User expressly and irrevocably agrees to the Terms and to abide by the Terms. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. DATAVATIONS’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DATAVATIONS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

‍Modification of Terms of Use
‍Datavations reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If the alterations constitute a material change to these Terms of Use, Datavations will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Datavations’ sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

‍Content Ownership and Usage Rights
‍Datavations shall retain all worldwide rights in the intellectual property of the Site and any content on the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by Datavations, or a third party who licensed the right to use such content to Datavations. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that Datavations uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Datavations, except as provided in these Terms of Use, without prior written consent or otherwise permitted by relevant law.

‍Use of Software
‍[RESERVED].

‍Indemnity
‍You will indemnify and hold harmless Datavations, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to or use of the Site or any content on the Site, violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

‍Warranty Disclaimers
‍Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Datavations makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER DATAVATIONS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF DATAVATIONS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. DATAVATIONS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL DATAVATIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL DATAVATIONS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

‍Release
‍To the fullest extent permitted by applicable law, you release Datavations and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees  from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

‍Disclosure.
‍Subject to our Privacy Policy, we reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) maintain, support, enhance and improve our services, (v) respond to your support requests, and/or (vi) protect the rights, property or safety of Datavations, its users and/or the public.

‍Linking and Framing
‍No link shall be made to any page of this Site, except a direct link to the top page http://www.datavations.com, without framing. “Framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of Datavations. In addition, any link to this Site must be immediately followed by notice to Datavations via e-mail at legal@datavations.com. Moreover, in the event Datavations deems User’s linking practices in relation to this Site to be inappropriate, Datavations may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Datavations relating thereto. Upon notification to Datavations of User’s link to the Site, as provided above, User may link to this Site unless and until Datavations gives notice that User must discontinue linking to this Site.The Site may provide links to other sites or resources available on the Internet. Links or other resources that may be accessed via this Site and any other third-party content are being provided as a convenience and for informational purposes only unless otherwise expressly noted. Because Datavations has no control over such sites and resources, you acknowledge and agree that Datavations is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources, or of the organizations publishing such websites. You also acknowledge and agree that Datavations is not responsible for the accuracy or legality of any such third-party sites or resources or the content that may be accessed via this website. You further acknowledge and agree that Datavations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Contact the external third-party website for answers to questions regarding its content.

‍Trademarks and Trade Names
‍The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of Datavations. Datavations’ trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. 

‍Electronic Communications
‍We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk.

‍Security
‍Users are prohibited from violating or attempting to violate the security of the site. Datavations will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

‍Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Datavations and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 

‍No Representative Actions.
You and Datavations agree that any dispute arising out of or related to these Terms of Use (including, without limitation, the Privacy Policy) or our Site is personal to you and Datavations and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

‍Arbitration of Disputes.
Except for small claims disputes in which you or Datavations seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Datavations seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Datavations waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use (including, without limitation, the Privacy Policy)  or our Site resolved in court. Instead, for any dispute or claim that you have against Datavations or relating in any way to the Site, you agree to first contact Datavations and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Datavations by email at legal@datavations.com or by certified mail addressed to Datavations Inc. at 167 Madison Avenue, Suite 205, #5001, New York, NY 10016. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Datavations cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Site for your personal, family, or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and Datavations agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. The arbitrator, Datavations, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. You and Datavations agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Datavations will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, Datavations will pay all JAMS fees and costs. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS fees shall be governed by the JAMS Rules. In such cases, the arbitrator may direct you to reimburse Datavations for amounts that Datavations paid on your behalf. You and Datavations agree that the state or federal courts of the State of New York and the United States sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

‍Any claim arising out of or related to these Terms or Use or our Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Datavations will not have the right to assert the claim. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable. 

‍Governing Law and Venue 
‍Any dispute arising from these Terms of Use (including, without limitation, our Privacy Policy) and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in New York, New York.

‍Privacy Policy
‍Datavations is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at www.datavations.com/privacy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. 

‍Miscellaneous
‍In connection with User’s use of and/or access to content contained in certain areas of this Site, it may be necessary for User to consent to policies or terms and conditions in addition to these Terms of Use set forth herein, which User should read carefully before making any use of such content or areas of this Site. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

If you breach any term of these Terms of Use, Datavations may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Datavations remedies are cumulative and not exclusive. Failure of Datavations to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. User will not engage in conduct on or in connection with this Site that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to Datavations. User will cooperate with all reasonable requests of Datavations and will notify Datavations promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorized use or abuse of this Site.