Terms and Conditions
1.ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of www.pdaflinsight.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in www.pdaflinsight.com, sets forth the terms and conditions that apply to use of www.pdaflinsight.com by User. By using PDAFL LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.pdaflinsight.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B.PDAFL LLC shall have the right at any time to change or discontinue any aspect or feature of www.pdaflinsight.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
PDAFL LLC shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.pdaflinsight.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.pdaflinsight.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.pdaflinsight.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3.DESCRIPTION OF SERVICES
Through its Web property, PDAFL LLC provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.pdaflinsight.com and all charges related thereto.
A.User shall use www.pdaflinsight.com for lawful purposes only. User shall not post or transmit through www.pdaflinsight.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PDAFL LLC ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PDAFL LLC ‘s discretion restricts or inhibits any other User from using or enjoying www.pdaflinsight.com will not be permitted. User shall not use www.pdaflinsight.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PDAFL LLC.
B.www.pdaflinsight.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.pdaflinsight.com are copyrighted as a collective work under the United States copyright laws. PDAFL LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PDAFL LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make available on www.pdaflinsight.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.pdaflinsight.com, User automatically grants, or warrants that the owner of such material has expressly granted PDAFL LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants PDAFL LLC the right to edit, copy, publish and distribute any material made available on www.pdaflinsight.com by User.
D.The foregoing provisions of Section 5 are for the benefit of PDAFL LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6.USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
PDAFL LLC has no obligation to monitor the Communication Services. However, PDAFL LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PDAFL LLC reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PDAFL LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PDAFL LLC’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. PDAFL LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, PDAFL LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized PDAFL LLC spokespersons, and their views do not necessarily reflect those of PDAFL LLC.
7.MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing PDAFL LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify PDAFL LLC immediately of any unauthorized use of User’s account or any other breach of security. PDAFL LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by PDAFL LLC or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8.NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON PDAFL.ORG
Any software that is made available to download from the Services (“Software”) is the copyrighted work of PDAFL LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PDAFL LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PDAFL LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PDAFL LLC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9.NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON PDAFL.ORG
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
PDAFL LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PDAFL LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PDAFL LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PDAFL LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL PDAFL LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11.MATERIALS PROVIDED TO PDAFL LLC OR POSTED AT ANY OF PDAFLINSIGHT.COM
PDAFL LLC does not claim ownership of the materials User provide to PDAFL LLC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting PDAFL LLC, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all PDAFL LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
12.DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A.USER EXPRESSLY AGREES THAT USE OF www.pdaflinsight.com IS AT USER’S SOLE RISK. NEITHER PDAFL LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.pdaflinsight.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.pdaflinsight.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH www.pdaflinsigt.com.
B.www.pdaflinsight.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PDAFL LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D.IN NO EVENT WILL PDAFL LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.pdaflinsight.com OR THE PDAFL LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.pdaflinsight.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E.IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PDAFL LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.pdaflinsight.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PDAFL LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PDAFL LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G.FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13.LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE PDAFL LLC’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PDAFL LLC AND PDAFL LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PDAFL LLC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PDAFL LLC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PDAFL LLC OF THE SITE.
PDAFL LLC is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, PDAFL LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.pdaflinsight.com, are those of the respective author(s) or distributor(s) and not of PDAFL LLC. Neither PDAFL LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.pdaflinsight.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with PDAFL LLC. PDAFL LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.pdaflinsight.com by anyone other than authorized PDAFL LLC employee spokespersons while acting in their official capacities. Under no circumstances will PDAFL LLC be liable for any loss or damage caused by a User’s reliance on information obtained through www.pdafl.org. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PDAFL LLC. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14.UNSOLICITED IDEA SUBMISSION POLICY
PDAFL LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PDAFL LLC’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PDAFL LLC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PDAFL LLC OR ANYONE AT PDAFL LLC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PDAFL LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
PDAFL LLC shall have the right, but not the obligation, to monitor the content of www.pdafl.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PDAFL LLC and to satisfy any law, regulation or authorized government request. PDAFL LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.pdaflinsight.com. Without limiting the foregoing, PDAFL LLC shall have the right to remove any material that PDAFL LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless PDAFL LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of PDAFL LLC by User or User’s Account.
Either PDAFL LLC or User may terminate this Agreement at any time. Without limiting the foregoing, PDAFL LLC shall have the right to immediately terminate User’s Account in the event of any conduct by User which PDAFL LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for www.pdaflinsight.com established by PDAFL LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Texas, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
PDAFL LLC its logos are trademarks of PDAFL LLC, All rights reserved. All other trademarks appearing on PDAFL LLC are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
What personal data we collect and why we collect it
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.
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.
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 visit our login page, 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.
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.
We collect information about you during the course purchase process (PayPal, Stripe, and/or 2Checkout), as well as information relating to your course progression and quiz performance.
What we collect and store
When you purchase from us, we’ll ask you to provide email address. We’ll use this information for purposes, such as, to:
–Send you information about your account and order
–Create your account for our LMS
If you register a free account then we will store your email address.
We store information about you for as long as your account exists.
We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable).
We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Group Leaders can access:
–Order information such as your enrolled courses, course progress and username / email address.
Any additional information added in your WordPress User Profile can also be visible to the administrator(s).
What we share with others
In this section you should list who you’re sharing data with, and for what purpose. This could include, but may not be limited to, analytics/reporting tools, marketing services (such as email services like MailChimp), payment gateways, gamification programs, and third party embeds.
We share information with third parties who help us provide our orders and store services to you; for example – [insert third party platforms and short description of their purpose]
We accept payments through PayPal or Stripe. When processing payments, some of your data will be passed to PayPal or Stripe, including information required to process or support the payment, such as the purchase total and billing information.
We collect information about you during the checkout process on our store.
What we collect and store
While you visit our site, we’ll track:
Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
Send you information about your account and order
Respond to your requests, including refunds and complaints
Process payments and prevent fraud
Set up your account for our store
Comply with any legal obligations we have, such as calculating taxes
Improve our store offerings
Send you marketing messages, if you choose to receive them
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 1 year for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
Order information like what was purchased, when it was purchased and where it should be sent, and
Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfill orders, process refunds and support you.
Our website uses specialist security software – Shield Security. This helps to ensure data breaches do not occur and our website and data are protected against hacking attempts and intrusion.
Shield Security protects site visitors and works to block potential hacks while monitoring web traffic and filesystem changes.
The learn more about Shield Security, please follow this link.
The Shield Security plugin never stores any sensitive, personally identifiable information in any cookie at any time.
In the case that the Shield Security plugin needs to redirect a visitor or any request, it may use a cookie to prevent repeated/infinite redirect loops.
For registered/logged-in users, the Shield Security plugin uses a cookie to track user sessions and control display of certain in-plugin admin notices.
Data Storage: User Sessions
For logged-in users, the Shield Security plugin stores information on the username, the IP address and the time of last login and last activity.
This information is purged upon logout or data cleanup.
Data Storage: Audit Trail
The Shield Security plugin has an Audit Trail feature that will log the following information:
Audit Trail message that may include email addresses
Logged-in username (where applicable)
Originating IP address of the request
For logged-in users this represents information that may be used to locate (by IP address) and identify individuals and their activity on the site.
This information is stored for security purposes by the site administrator.
This data will be retained and then automatically purged from the database after a fixed time period, as determined by the site administrator. (Currently this is set to 14 days.)
We may process and store personal data about your interactions using xAPI. We use the data to learn about how well the interactions are designed and how it could be adapted to improve the usability and your learning outcomes. The data is processed and stored [on our platform|on an external platform] until further notice.
We may store the results of your interactions on our platform until further notice. The results may contain your score, the maximum score possible, when you started, when you finished, and how much time you used. We use the results to learn about how well you performed and to help us give you feedback.
We may store interactive content that you create on our platform. We also may send anonymized reports about content creation without any personal data to the plugin creators. Please consult the H5P tracking information page for details.
There are no refunds. All purchases are final.
You confirm that you are 13 years of age or older while participating in Zoom meetings.
You agree to be recorded during zoom sessions for quality and safety purposes.
You agree that you will immediately report any inappropriate behavior that occurs on PDAFL pages and sessions through email@example.com
You agree always to communicate in a professional manner on pdaflinsight.com its PDAFL LLC platform, its Slack channels, it’s Zoom rooms, and any other related software. Any inappropriate material will be grounds for immediate and permanent removal.
You acknowledge you have read and agree to pdaflinsight.com terms and conditions.
You agree to host sessions on Zoom through the Zoom account provided, and you have the technology required to do so.
You agree to the terms and conditions of PDAFL LLC , the platform pdaflinsight.com is built on, and you agree to sign up for the account that you will need to participate.
You recognize that scheduling takes place through PDAFL LLC , which is a collaborative document application. By joining a collaborative doc, your name and email could be shared with other users on the doc.
By joining pdafl.org, you agree to abide by its protocols and terms of service. The community and its affiliates (organizers, lesson planners, students, participants, and partners) shall not be held liable for any damages arising out of the site, its associated content, and its lesson planning sessions.
By joining pdaflinsight.com, you agree that PDAFL LLC is not responsible for doing personal homework, exams, or other academic work.
Any rights not expressly granted herein are reserved.
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