DATASTRIKE TERMS AND CONDITIONS
INTRODUCTION
Welcome to DataStrike (www.datastrike.com). These terms and conditions (the “Terms”) are entered into by and between you and DataStrike (“Company,” “we,” or “us”). These Terms govern your access to and use of www.datastrike.com (the “Website”), including any content, functionality, and services offered on or through the Website. Please read these Terms carefully. By accessing and using the Website, you agree to comply with and be bound by these Terms and our Privacy Policy, found at www.datastrike.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not use or access the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
DATASTRIKE SERVICES
DataStrike provides data-related services to customers, including but not limited to data collection, analysis, and management (the “Services”). The scope of Services that we may provide are detailed in personalized agreements with our customers. In case of any conflict between these Terms and a customer agreement, the terms of the customer agreement shall prevail.
DATA COLLECTION AND PRIVACY
We collect basic information through the Website and other customer information during the sales process. All information that we collect or is provided to us is subject to our Privacy Policy. Please review our Privacy Policy for details on our data collection, use, and protection practices. By using the Website, soliciting our Services, or engaging with DataStrike, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
COMMUNICATIONS
By engaging with DataStrike, you consent to receive communications from us via email, phone, and, if you opt-in, text message for purposes related to your account, Services, transactions, and other relevant business matters. You may opt out of non-essential communications at any time by following the instructions provided in our messages or in our Privacy Policy. However, certain essential communications regarding your account or Services may still be required. Please see the Text Message Service Terms section below for more details and certain terms specific to the use of text messaging.
INTELLECTUAL PROPERTY
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold DataStrike harmless from any claims, damages, or expenses arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and the Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania.
CONTACT INFORMATION
If you have any questions or concerns about these Terms, you may contact us via our Contact Us page or at:
DataStrike
2000 Ericsson Dr
Suite 225
Warrendale, PA 15086
Phone: (888) 753-6737
Info@datastrike.com
SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
TEXT MESSAGE SERVICE TERMS
DataStrike may offer “Text Message Service,” meaning any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages such as SMS, MMS, or successor protocols or technologies. By "Opting In" (as defined below) to the Text Message Service from DataStrike, you understand that you are consenting to receive text messages. Message and data rates may apply, and message frequency may vary. You can reply "STOP" to opt-out at any time, or reply "HELP" for assistance. "Opting In," "Opt In," and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
If opt-in to our Text Message Service, we only use your mobile phone number to transmit your mobile messages and respond to you. Your phone number will not be shared with third parties for marketing purposes. WE DO NOT SELL, TRADE, SHARE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE TEXT MESSAGE SERVICE TO ANY THIRD PARTY. Please review the Privacy Policy for more information about how we respect your privacy.
TYPES OF TEXT MESSAGES
If you consent to receive text messages from DataStrike, you may receive messages about Services updates and notifications, account or billing inquiries, project progress updates, and/or scheduled calls or meetings. For example, you may receive a message from us that reads: "DataStrike: You have a down system, contact us now as we are trying to reach you. Reply STOP to opt out of text messaging at any time."
MESSAGE FREQUENCY
Message frequency will vary based on customer needs. You may receive up to three messages per week regarding operational updates.
COSTS OF TEXT MESSAGES
Standard message and data rates may apply, depending on your plan with your mobile carrier or other applicable provider. International rates may also apply.
OPT-IN METHOD
You may opt-in to receive text messages by checking the applicable consent box on our online forms or by other contractual agreement. If you do not wish to receive text messages, you may simply not opt-in to the Text Message Service when presented with the option.
OPT-OUT METHOD
You can opt-out of receiving text messages at any time by replying "STOP" to any message you receive. You can also contact us directly at (888) 753-6737 to opt-out from our Text Message Service.
HELP
For assistance, reply "HELP" to any text message, please Contact Us.
