Legal/Privacy

DEMAND TECHNOLOGY SOFTWARE, INC. PRIVACY POLICY

Demand Technology Software, Inc. is committed to protecting your privacy online. Please read the following policy carefully to understand what information we gather online and how we will use that information. Because Demand Technology Software, Inc. will continue to develop new technologies to improve our website (the “Site”), this policy is subject to change. We encourage you to check the Privacy Policy each time that you visit the site so that you understand our current privacy policy. By using the Site, you agree to the terms of the Privacy Policy in effect at that time.

What personally identifiable information does Demand Technology Software, Inc. collect?

Prospective customers, partners and employees, as well as those seeking information about Demand Technology Software, Inc., may voluntarily submit information to Demand Technology Software, Inc. by completing forms on various pages throughout the site. The required information on these forms is information that we need to contact these individuals, such as first and last name, company name, phone number, and e-mail address. These individuals may also voluntarily submit additional information that will help Demand Technology Software, Inc. evaluate their needs, the services the user provides, or the user’s employment qualifications. If you contact us, we may also keep a record of that communication. Demand Technology Software, Inc. does not otherwise collect any information from those visiting its website through cookies or other means.

Who receives the information submitted?
When information is submitted through our website, it is immediately routed to the appropriate department within Demand Technology Software, Inc. For example, if you submit information on our “Careers” page, your information is routed to our personnel department. If an improper form is completed (i.e., if a potential client completes the partner information form), the information will be forwarded to the proper department within a reasonable time after the user’s error is discovered.

How does Demand Technology Software, Inc. use information that you provide?
The information submitted to Demand Technology Software, Inc. will only be used for internal purposes, except when necessary in our sole discretion to satisfy any law, regulation, governmental or judicial request, or to protect Demand Technology Software, Inc. or its employees, clients or business partners. Otherwise, the information submitted will not be provided to any third parties. Demand Technology Software, Inc. may retain copies of all information submitted to Demand Technology Software, Inc. i n either electronic or paper form, at its sole discretion. Demand Technology Software, Inc. may also provide aggregated statistics about our customers, sales, traffic patterns, and related website information to reputable third-party vendors and marketing companies, but these statistics will include no personally identifying information.

A word of caution about security
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. As a result, while we attempt to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security.

What about children’s privacy?
The Site is not intended for children under the age of 13 and we do not intend to collect information from any person under 13 years of age on the Site. Parents should not allow children to provide any such information. If we determine that a child has provided information in violation of this policy, we will delete that information as soon as practicable. If any parent or guardian becomes aware that any child has provided information, please send us an e-mail through the Contacts page so we can delete that information.

What else should I know about my privacy?
Although the information you submit to Demand Technology Software, Inc. is not publicly available, you should use caution when submitting information in other online forums. Please keep in mind that whenever you voluntarily disclose personal information online in areas that are accessible to the public – for example on message boards, through email, or in chat areas – that information can be collected and used by others. In short, if you post personal information online in these forums, you may receive unsolicited messages from other parties in return. Additionally, you should be especially careful to monitor your child’s participation in chat areas or message boards, and should usually not let them disclose any personally identifiable information on such websites.


DEMAND TECHNOLOGY SOFTWARE, INC.
WEBSITE TERMS OF USE

The following Terms of Use govern your use of the Demand Technology Software, Inc. , Inc. (“Demand Technology Software, Inc.”) website (the “Site”). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms of Use without modification. Demand Technology Software, Inc. requests that you carefully read the Terms of Use provided below before using the Site. If any of these Terms of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.

DEMAND TECHNOLOGY SOFTWARE, INC.’S LICENSE TO YOU TO USE THE SITE
Demand Technology Software, Inc. grants you permission to view and to use the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. The Site is not intended for children under the age of 13. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Site. Without the prior written consent of Demand Technology Software, Inc., you may not (a) modify the content of the Site for any purpose, (b) remove any copyright notice or other proprietary notices from the content of the Site, (c) transfer the content of the Site to another person or (d) allow any one else to copy any portion of the content of the Site.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to Demand Technology Software, Inc. that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Content provided on the Site is to be used for informational purposes only. Demand Technology Software, Inc. makes no representations about the suitability of such content for any purpose.

CHANGES TO THE SITE AND TERMS OF USE
Demand Technology Software, Inc. reserves the right to change, move or delete portions of or add to the Site and these Terms of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, Demand Technology Software, Inc. recommends that you read these Terms of Use each time you visit the Site.

PRODUCT AND SERVICE INFORMATION ON THE SITE
Unless indicated otherwise, the services described on the Site are available directly from or through Demand Technology Software, Inc.. Demand Technology Software, Inc. has made a conscientious effort to display and describe its services on the Site accurately so that you can get a good idea of the nature, character and implementation of the services offered. Demand Technology Software, Inc. is constantly improving its services in response to the latest technological advancements. Consequently, Demand Technology Software, Inc. cannot and does not guarantee that the services displayed or described to you on its website are or will remain accurate in every detail.

LINKS TO OTHER WEBSITES
The Site may contain links to other websites. Demand Technology Software, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Demand Technology Software, Inc. of the site or any association with its operators. While Demand Technology Software, Inc. will make every effort to ensure that these websites will meet your approval, Demand Technology Software, Inc. does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Site is linked. Demand Technology Software, Inc. is not responsible for webcasting or any other form of transmission received from any linked website. Any concerns regarding any product or service offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not to Demand Technology Software, Inc..

DEMAND TECHNOLOGY SOFTWARE, INC. OWNS THE CONTENTS OF THE SITE
Except as otherwise noted, all information, trademarks, trade dress, content, and other materials on the Site, except proprietary material contained in websites linked to the Site (“Demand Technology Software, Inc. Proprietary Material”) is the exclusive property of Demand Technology Software, Inc.. Demand Technology Software, Inc. Proprietary Material includes, but is not limited to, the Demand Technology Software, Inc.SM service mark and the Demand Technology Software, Inc. , Inc. logo, images, illustrations, designs, icons, photographs, and written information that appears on the Site. Demand Technology Software, Inc. Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms of Use, Demand Technology Software, Inc. grants no express or implied right to use any Demand Technology Software, Inc. Proprietary Material.

COPYRIGHTS AND TRADEMARKS
Excepted as otherwise noted, all contents of the Site are: Copyright © 2006 Demand Technology Software, Inc. , Inc. References throughout this website to terms that appear with (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by Demand Technology Software, Inc.. All rights not expressly granted herein are reserved by Demand Technology Software, Inc..

THIRD PARTY COPYRIGHTED IMAGES
The images of individuals that appear on the Site have been licensed from third parties. The intellectual property rights associated with these images, including the copyrights, are the exclusive property of these third party licensors and Demand Technology Software, Inc. does not own any right, title or interest therein. The individuals featured in these images are models and are used for illustrative purposes only. These individuals are not employees of Demand Technology Software, Inc. and do not endorse Demand Technology Software, Inc. or its services.

DEMAND TECHNOLOGY SOFTWARE, INC. OWNS INFORMATION, SUGGESTIONS, IDEAS, ETC. THAT YOU SUBMIT
Any comments, suggestions, information, ideas or other submissions that you provide to Demand Technology Software, Inc. by using the Site or which are otherwise provided to Demand Technology Software, Inc. in connection with your use of the Site will become Demand Technology Software, Inc.’s property. The act of providing any such suggestion, ideas, information, feedback, or materials constitutes an assignment to Demand Technology Software, Inc. of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to Demand Technology Software, Inc.. Demand Technology Software, Inc. will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, information, submission or suggestion provided by you and may remove or delete any such idea, information, suggestion or submission at any time in Demand Technology Software, Inc.’s sole discretion. No information, material, or comment provided to Demand Technology Software, Inc. by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, information, suggestion, idea or other submission to Demand Technology Software, Inc., you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas, information or submissions including, without limitation, all the rights necessary for you to provide the such comments, suggestions, ideas or submissions to Demand Technology Software, Inc. and for Demand Technology Software, Inc. to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.


DISCLAIMER

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. DEMAND TECHNOLOGY SOFTWARE, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. DEMAND TECHNOLOGY SOFTWARE, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL Demand Technology Software, Inc. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEMAND TECHNOLOGY SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION BY YOU
By using the Site, you agree to indemnify, defend and hold harmless Demand Technology Software, Inc., its employees, directors, officers, agents and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to your use of the Site or the material provided therein, any breach by you of these Terms of Use and any use by Demand Technology Software, Inc. or its related companies of information provided by you.

TERMINATION/ACCESS RESTRICTION
Demand Technology Software, Inc. reserves the right, in its sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice.

PRIVACY POLICY
You may submit personal or company information to Demand Technology Software, Inc. through the Site. The use of such information is governed by the Demand Technology Software, Inc. Privacy Policy

GENERAL
The Site is controlled and operated by Demand Technology Software, Inc. from its offices in Naples, FL. This agreement will be construed in accordance with the laws of the state of Florida without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in Naples, FL. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Demand Technology Software, Inc. as a result of this agreement or use of the Site. Demand Technology Software, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Demand Technology Software, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Demand Technology Software, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Demand Technology Software, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Demand Technology Software, Inc. with respect to the Site. In the event that any of these Terms of Use conflict with the any other terms and guidelines contained within the Site, then these Terms of Use shall control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.