Terms of Use
Last Updated: 10-17-2014

These terms govern your use of our website and our services such as the Data Drop Program, application, and software that we include as part of the “Services”.  These include any Applications, Content Files, scripts, instruction sets, and any other related documentation collectively known as the “Software”.  By using the Data Drop LLC Services or Data Drop Software, you are agreeing to these terms.  If you have entered into another agreement with us concerning specific services or software, then the terms of that agreement controls where it conflicts with these terms.  As discussed in Section 3 below, you retain all rights and ownership that you have of your content that you make available through the Services.

1.  How this agreement Works.


1.1  Choice of Law.  Your relationship is with Data Drop LLC a Colorado Limited Liability Company.  The services and software are governed by the law of the State of Colorado in the United States of America.  You may have additional rights under the law.  Data Drop LLC does not seek to limit those rights to the extent prohibited by law.  All issues regarding legality will be dictated and resolved under the law as set forth by the State of Colorado in the United States of America.


1.2  Eligibility.  You may only use the Services if you are over 13 years old and allowed by the law to enter a binding contract.


1.3  Privacy.  The Privacy Policy at https://www.datadrop.co/policy governs any personal information that you provide to us.  By using the Services or Software you agree to the terms of the Privacy Policy.


1.4  Availability.  Pages describing the Services are accessible worldwide but this does not mean that all services or service features are available in your country or that user-generated content is available via the Service in your country as restricted by the local law.  We may block access to certain Services (or features) in certain countries.  It is your responsibility to make sure that your use of the Service is legal where you use them.  Services are not available in all languages.


1.5  Software.  The Software is licensed, not sold, only in accordance with these terms.


1.6  Additional Terms.  Some Services or Software are also subject to additional terms.  New terms may be added from time to time at the sole discretion of the Data Drop LLC.


1.7  Order of Precedence.  If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms will govern in relationship to that Service or Software.


1.8  Modification. We may modify or discontinue the Services, Software or any portions of features thereof at anytime without liability to you or anyone else.  We will make reasonable effort to notify you before we make those changes.  We will also allow you a reasonable time to download your content.  If we discontinue a Service or feature, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.


2.  Use of Service


2.1  License.  Subject to your compliance with these terms and the law, you may access and use the Data Drop Service and Program with a valid subscription.


2.2  Data Drop Intellectual Property.  JKnows Computers LLC is the sole owner of all right, title, and interest of the Data Drop Software Program.  Data Drop LLC is the sole owner of all right, title, and interest of the Services.  We reserve all rights not granted under these terms.


2.3  Storage.  When the services provide storage, we recommend that you continue to back up your content regularly.  We may create reasonable technical limits on your content, such as limits on the file size, storage space, processing capacity, and other technical limits.  We may suspend the Services until you are within the storage space limit associated with your account.


2.4  User-Generated Content.  We may host user-generated content from our users.  If you access our Services you may come across content that you find offensive or upsetting.  Your sole remedy is to simply stop viewing the content; if available you may also send an email to info@datadrop.co to report the content to us.


2.5  Service.  Data Drop LLC provides the service that allows you to access the Datadrop software program.  The service generates and maintains the datadrop program and servers.  The service includes providing the end users with the ability to register, generate user identification, purchase a license to use the software, generate a secure connection with the server via the subscription, and access the software program for private use.  


3.  Your Content.


3.1  Ownership.  You retain all rights and ownership of your content.  We do not claim any ownership or rights to your content.


3.2  Licenses to your Content in order to operate the Service.  We require certain licenses from you and to your content to operate and enable the Services.  When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify, publically perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or shared content with others).  This license is only for the purpose of operating and improving the Services.


3.3  Our Access. We will not access, view, or listen to any of your content, except as reasonably necessary to perform the Services.  Action reasonably necessary to perform the Services may include (but are not limited to) responding to support requests, detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues.  This includes enforcing these terms.


3.4  Sharing your Content. 


3.4.a   Sharing.  Some services may provide features that allow you to Share your content with other users or to make it public.  “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or to other users) through the use of the Services.  Others may use, copy, modify, or re-share your content in many ways.  Please consider carefully what you choose to share or make public.  You are entirely responsible for the content that you share.


3.4.b  Level of Access.  We do not monitor or control what others do with your content.  You are responsible for determining the security limitations that are placed upon your content and for applying the appropriate levels of access to your content.  If you do not choose the access level to apply to your content, the system may default to the most permissive settings.  It is your responsibility to let other users know how your content may be shared, to adjust the settings related to accessing your shared content, and to controlling the level of access that the shared content is available.


3.4.c  Comments.    The Services may allow you to comment on content.  Comments are not anonymous and may be viewed by other users.  Your comments may be deleted by you, other users, or Data Drop LLC.

3.5  Termination of License.  You may revoke this license to your content and terminate our rights anytime by removing your content from the Service.  However, some copies of your content may be retained as part of our routine backups.


3.6  Feedback.    You have no obligation to provide us with ideas, suggestions, proposals, or feedback.  However you may submit feedback to us.  When you do submit feedback, you grant us non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to use, reproduce, publically display, distribute, modify, and publically perform the content of that feedback.


3.7  Account Information.  You are responsible for all activity that occurs via your account.  Please notify Customer Service immediately if you become aware of unauthorized use of your account.  You may not share your account information (except with an authorized, licensed, and subscribed account administrator) or use another person’s account.  Your account administrator may use your account information to manage your use and access to the Services.


4.  Use of the Software.


4.1  Device Based, Subscription to the Software License.  If we provide the software to you as part of your subscription to use the Service, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software in the territory, as long as your subscription is valid, and consistent with these terms and related documentation accompanying the Software.  “Territory” is defined as worldwide, with the exclusion of trade embargoed countries and countries where you are prohibited from using the Software or Services.  You may activate the software on multiple devices at a time with additional subscriptions.  These activations are associated with a specific user identification and linked to each device individually.  The service requires a unique subscription for each device that the software is used upon.

4.2  Distribution from a Server.  If permitted in a license document between you and Data Drop LLC, you may copy an image of the license granted herein. Data Drop reserves the right to suspend your subscription if we determine that you are using the software in violation of this section.

4.3  General License.  The Software that is provided as part of the Services is licensed and sublicensed based upon the number of devices that it is used upon.  As a result of your compliance with these terms, we grant you license to install and use the Software in the Territory, for the purposes of using and accessing the Services, in consistency with the terms in the related documentation that accompanies the Software.

4.4.  Other License Types Available.


4.4.a  Evaluation Version.  We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or any other designation to signify the demonstration version of the Software and Services.  You may install and use the Demonstration version only during the evaluation period and only for evaluation purposes.  You may not use any materials that you produce with the Evaluation Version for anything other than non-commercial purposes.


4.4.b  Prerelease Version.  We may designate the Software or Services as a pre-release or “beta” version.  Pre-release version does not represent the final product and may contain bugs that may cause systems or other failure including loss of data.  We may choose not to commercially release the beta version.  You must promptly cease using the Pre-release version and destroy all copies of the pre-release version is we request you to do so, or if we release the commercial version of the Software or Service.  Any separate agreement that we enter into with you and or your customer(s) governing the prerelease version will take precedence over this section.

4.5  Restriction and Requirements.


4.5.a  Proprietary Notice.  You must ensure that any permitted copy of the Software that you make contains the same copyright and other proprietary notices that appear on or in the Software or Service.


4.5.b  Restrictions.  Unless permitted in these terms and in writing between Data Drop LLC and you, you must not:


(1)  Modify, port, adapt, or translate the Software.
(2)  Reverse Engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
(3)  Use or offer the Software on a service bureau basis.
(4)  Circumvent technological measures intended to control access to the Software and Service.
(5)  Develop or distribute the Software or Service without a Distributorship Agreement.

4.6  Territory.  If you purchase the subscription of more than one Software License, you must not install or deploy the Software outside of the country where you purchased the license.  You are permitted under this volume licensing agreement to distribute this sub-license to your customers at your discretion, provided that your customers are not located in a country that is currently under embargo restrictions by the US Government.  If you live in the European Economic Area “EEA”, the program should not be distributed to any country that is on the list of Embargoed Countries by the United States Government.  We reserve the right to suspend or revoke your subscription at anytime, if we determine that you violate any provision listed in this section.


4.7  Activation.    The Software may require you to take certain steps to activate your software or validate your subscription.  Failure to activate or register the Software, validate the subscription, or a determination by us of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, and/or termination or suspension of the subscription.


5.  User Conduct.


5.1  Responsible Use.  Data Drop clientele often consists of users who expect a certain degree of courtesy and professionalism.  You must use the Service Responsibly.


5.2  Misuse.  You must not misuse the Services or Software.  For example you may not:


(a)  copy, modify, host, sublicense, or resell the Service without Data Drop LLC’s consent.  A Distributorship Agreement and a primary subscription are required to sublicense and resell the Limited, single location version, of the software to other users.
(b)  enable or allow others to use the Service or Software using your account information.
(c)  use the content of Software included in the Service to construct any kind of database.
(d)  access or attempt to access the Service by any means other than the interface that we provide and authorize.
(e)  circumvent any access of use restrictions put into place to prevent certain uses of the Service.
(f)  Share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Right” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.)
(g)  Share any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful.
(h)  impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(i)  attempt to disable, impair, or destroy the Services, Software, or Hardware.
(j)   disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, enticing others to commit violence, or harming minors in any way).
(k)   engage in any chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages.
(l)  market or advertise any products or services through the Service unless we specifically allow you to do so.
(m)   use any data mining or similar data gathering and extraction methods in connection with the Services.
(n)  violate any applicable law.

6.  Fees. 


You must pay any applicable taxes, and any applicable third-party fees (including but not limited to telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees.)  We are not responsible for these fees.  We may take steps to collect the fees you owe us.  You are responsible for all related collection costs and expenses.


7.  Warranty and Indemnification Obligations.


7.1 Warranty.   By uploading your content to the Service, you agree that you have all necessary licenses and permissions to use and share your content and the rights necessary to grant the licenses in these terms.  Data Drop LLC makes no warranty claims expressed or implied to any portion of the Software or Services.


7.2 Indemnification.   You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Software and Services, or your violation of these terms.


8 Disclaimer of Warranties.


8.1 Unless stated in the additional terms, the Services and Software are provided “AS-IS”.  To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.  We make no commitments about the content within the Services.  We further disclaim any warranty that the Software or Services will meet any of your requirements or will be constantly available, uninterrupted, timely, secure, or error-free.  The results that may be obtained from the use of the Services or Software are not guaranteed to be effective, accurate, or reliable.  We do not warranty that the quality of the Services or the Software will meet your expectations or that any errors or defects in the Services or Software will be corrected.


8.2  We specifically disclaim any liability for any actions resulting from your use of any Service or Software.  You may use and access the Services and Software at your own discretion and risk.  You are the sole responsible party for damage to your computer system, or loss of data that results from the use and access of any of the Data Drop LLC Service or Software.


9. Limitation of Liability.


9.1  Unless stated in the Additional Terms, we are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages).  These include damages that may arise from loss of use, data, profits, whether or not foreseeable, based upon any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or arising from any other claim that is in connection with your use of or access to the Services or Software.  Nothing in these terms limits or excludes our liability for gross negligence, for our employees, intentional misconduct, or for death or personal injury.


9.2  Our total liability in any matter arising out of or related to these terms is limited to $100 US or the aggregate amount that you paid for access to the Service or Software during the one Month period preceding the event giving rise to the liability, whichever is larger.  This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.


9.3  The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.


10. Termination


10.1 Termination by You.  You may stop using the Service at anytime.  Termination of you account does not relieve you of any obligation to pay any outstanding fees associated with your subscription.


10.2 Termination by Us.  If we terminate these terms for any reason, we will make all reasonable efforts to notify you at least prior to termination via the email address that you provide to us.  The contact will have instructions on how to retrieve your content.  Unless stated in Additional Terms, we may at anytime terminate these terms with you, without refund of your subscription, if we find that you:


(a) breach any provision of these terms (or act in a manner that clearly shows that you do not intend to or are unable to comply with these terms.)
(b) fail to make a timely payment of the fees for the software or services.
(c) we are required to terminate your services by law where the provisions of the Services or Software to you become unlawful.  We will elect to discontinue the Services or Software in whole or in part to you if there has been any extended period of inactivity in your account.

10.3 Termination by A Group Administrator.  Group administrators for the service, such as “Distributors” may terminate a secondary user’s access to the Service at any time.  If your group administrator terminates your access, then you may no longer be able to access the content that you or other users of the group have shared on a shared workspace within that Service.


10.4.  Survival.  Upon expiration or termination of these terms, any perpetual licenses that you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive.  Upon the expiration or termination of the Services, some or all of the Software may cease to operate without notice.


11. Investigations.


11.1 Screening.  We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example patterns of activity that indicate spam or phishing or keywords.)


11.2 Disclosure.  We may access or disclose any information about you or your use of the Service when it is required by law (such as when we receive a valid subpoena or search warrant).  We may respond to your requests for Customer Service support or when we, at our discretion, think that it is necessary to protect the rights, property, or personal safety of us, our users, or the public.


12. Export Control Laws. 


The software, services, content, and your use of the software, services, content, are subject to US and international laws, restrictions, and regulations that may govern the import, export, and terms of use of the Software, Services, and Content.  You agree to comply with all the laws, restrictions, and regulations.


13. Dispute Resolution.


13.1 Venue.  Any claim or dispute that you may have against Data Drop LLC must be resolved by a court located in Pueblo , Colorado in the United States of America, unless the matter involves allegations of Copyright, in which case venue for case shall be the United States District Court, District of Colorado, located in Denver, Colorado.  You agree to submit to the personal jurisdiction of the applicable court for the purpose of litigating the claim or dispute.  The parties specifically disclaim the applicability of the UN convention on Contracts for the Sale of International Goods.


13.2 Injunctive Relief.  Notwithstanding the foregoing, in the event of your or others’ unauthorized access to the use of our Services or content in violation of these terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


14.  Specific Software Terms.


“Data Drop” is the Software Package that allows you management of your data.


“Data Drop LLC” is the Company that provides the Services to allow you to access the Data Drop Software.


“User” is a registered user that has a license to use the full software and service package.  This includes unlimited Organizations, Locations, Systems, Tests, and Units.


“Sub-User” is a registered user that has a license to use the sub-user software and service package.  This is intended to be and is also identified as a “resale” subscription.  This includes only One organization, One location, but unlimited Systems, Tests, and Units.


“Organization” is a Company that has systems to be monitored.


“Location” is a site that an organization has systems to be monitored.


“Location Type” is a simple description of a group of locations.


“System” which is commonly also called a “Device” is a system to be tested and monitored.


“Test” refers to a piece of data to be collected.


“Units” refers to the scientific units that are associated with a test, if applicable.


“Parameter” is a desired set-point or target for a test result.


“Administrator” is a supervisor for a company that has elevated control of the database.


“Technician” is a field representative that has limited control of the database.


“Smart Add” is a simplified way to add organizations, locations, systems, tests, units, parameters, and technicians to your database.


“System to Location” refers to a binding relationship between a system and location.  The software utilizes recycling technology so that systems, tests, units, and parameters can be reused over and over again.  A system to location relationship defines that a specific system is bound to a specific location in your database.


“Test to System”  refers to a binding relationship between a test and a system.  The software utilizes recycling technology so that the systems, tests, units, and parameters can be reused over and over again.  A test to system relationship defines that a specific test is bound to a specific system in your database.


“Report” refers to an output that is generated that summarizes a collection of data.


“Upload” refers to sending data from a remote source to your database or into a Data Drop server.


“Download” refers to collecting data from your database or a Data Drop server to your remote source.


“Sync” or “Synchronization” refers to both uploading and downloading at the same time.


“App” or “Application” refers to a streamlined version of the software that is intended to be used on a remote electronic device such as a cellular phone or tablet.


“Share” means to upload, post, or email any of your collected data to another point on the internet outside of the control of the Data Drop software.


15. Jurisdiction-Specific Terms.


15.1 New Zealand.  For consumers in New Zealand who obtain the Software for personal, domestic, or household use (not for business purposes), this agreement is subject to the Consumer Guarantees Act.  The product is not intended for non-business use of any kind.


15.2 European Economic Area.

15.2.a Warranty.  If you obtained the Software in the European Economic Area (EEA), you usually reside in the EEA and you are a consumer.  Then your warranty period with regard to the Software is the duration of your subscription.  Our entire liability related to any warranty claim and your sole and exclusive remedy under any warranty will be limited to either, at our option, support of our Software based upon the warranty claim, replacement of the Software, or if support or replacement in not practical, refund of prepaid or unused subscription fees proportionate to the specific software.  Furthermore, while these terms apply to any damages claims that you make in respect to your use of the Software, we will be liable for direct losses that are reasonably foreseeable in the event of our breach of this agreement.  You should take all reasonable measures to avoid and reduce damages, in particular by making backup copies of the Software and its computer data.


15.2.b Decompiliation.  Nothing included in these terms limits any non-waivable right to decompile the Software that you may enjoy under the law.  For example, if you are located in the European Union (EU), you may have the right under applicable law to decompile the software if it necessary to do so in order to achieve interoperability of the software with another software program as we have not made this information available.  Under this circumstance, you must first ask us in writing to provide the information necessary to achieve this interoperability.  In addition, the decompilation may only be performed by you or someone who may use the Software on your behalf.  We have the right to impose reasonable conditions before providing that information.  You may use the information that we supply or that you obtain only for the purpose described in this paragraph.  You may not disclose the information to any third party or use the information in a manner that infringes our copyright or a copy right of one of our licensors.

15.3 Australia.  If you obtained the Software in Australia, then the following provision applies, notwithstanding anything stated to the contrary in these terms.


NOTICE TO CONSUMERS IN AUSTRALIA:  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.


16. Notice to US Government End Users.  For US Government Procurements, The Data Drop Software is a commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section52.227-19 “Commercial Computer Software-Restricted Rights” and DFARS 227.7202 “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations.  Any use, modification, reproduction release, performance, display, or disclosure of the Software by the US Government must be in accordance with these license rights and restrictions described in these terms.


17.  Notification of Copyright Infringement.


17.1 DMCA.  We respect the Intellectual Property Rights of others and we expect our users to do the same.  We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act “DMCA”.


17.2 Take-Down Notice.  If you believe that your work has been infringed in connection with the Services, please provide written notification via regular mail or via fax (not via email or telephone) to our copyright agent that contains all of the following elements:


(a)  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to be infringed.
(b)  A description of the copyrighted work that is infringed.
(c) A description of where the copyrighted content that you claim is infringed is located on the Services.
(d)  Information sufficient to permit us to contact you such as a physical address, telephone number, and email address.
(e)   A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f)  A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file the notification, please carefully consider whether or not the use of the copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringed use.  If you are unsure of whether a use of your copyrighted material constitutes infringement, please contact an attorney.  In addition, you may wish to consult publicly available reference materials such as those found at the US Copyright website.

17.3 Counter-Notice.  If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not by email or phone) to our Copyright Agent, which must contain the following elements:


(a)  A physical or electronic signature of the person who is subscribed.
(b) A description of the content that was removed from the Services and the location of the Service on which the content appeared before it was removed.
(c)  A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.
(d)  Information sufficient to permit us to contact you, such as a physical address, telephone number, and email address.
(e)  A statement that, for purposes of the Copyright dispute, you consent to jurisdiction of the United States District Court-District of Colorado, located in Denver, Colorado, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1) (C) or an agent of the person.
Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you will be liable for costs and attorneys’ fees in the event that a court determines you counter-notification misrepresented that the content was removed by mistake.  If you are unsure of whether use of the content at issue constitutes infringement, please contact an attorney.  In addition, you may wish to consult publicly available reference materials such as those found at the US copyright Office.

17.4  Copyright Agent.  Our copyright Agent is:


Douglas Gradisar


GRADISAR, TRECHTER, RIPPERGER & ROTH
1836 Vinewood, Suite 200
Pueblo, CO 81005
719-566-8844 (phone)
719-561-8436 (fax)


The copyright agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringed content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on their behalf.  Please submit notifications by fax or ordinary mail only as further described by this section.  The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that infringement is occurring on the Services.  All other inquiries directed to the copyright agent will not be responded to.


18. Compliance with Licenses. 


 If you are a business, company, or organization, that we may, no more than every 12 months, upon seven days prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect your records, systems, and facilities to verify that your installation and use of any and all Software and Services are in conformity with the valid license from us.  Additionally, you will provide us with all records and information requested by us in order to verify that the installation and use of any and all Software and Services are in conformity with your valid license from us, within 30 days of our request.  If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support.  If the underpaid fees exceed 5% of the value of the payable license fees, then you will also be expected to pay for our reasonable cost of conducting the verification.


19. Miscellaneous.


19.1 English Version.   The English version of these terms will be the version used when interpreting or construing these terms.


19.2. Notice to Data Drop LLC.  You may send notices to Data Drop LLC to the following address:  24615 Cactus Flower Way, Pueblo, CO 81006.


19.3 Notice to You.  We may notify you by email, postal mail, postings within the Service, or other legally acceptable means.


19.4 Entire Agreement.  These terms constitute the entire agreement between Data Drop LLC and you regarding your use of the Software and Services and supersede any prior agreements between Data Drop LLC and you relating to the Services.


19.5 Non-Assignment.  You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our expressed written consent.  We may transfer our rights under these terms to a third party at our discretion.


19.6 Severability.  If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.


19.7 No Waiver.  Our failure to enforce or exercise any of these terms is not a waiver of that section.


20. Third Party Notices.


20.1 Third-Party Software.  The Software may contain third-party software, subject to additional terms, restrictions, and conditions.


21.  Application Platform Terms.


21.1 Microsoft.  If the Software is downloaded from the Windows Phone Apps+ Game Store, then you acknowledge and agree to the following additional terms: (a) you may only use the Software on up to five windows devices associated with your account. (b) Microsoft has no liability for the Software or its content. (c) Microsoft device manufacturers and network operators have no obligation whatsoever to furnish any maintenance or support services for the Software. (d) to the extent permitted by the applicable law, Microsoft has no warranty obligation to the Software and Data Drop LLC will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributed to any failure to conform to any warranty set forth in this agreement.  (e) Microsoft is not liable for any claims relating to the Software or your possession and use of the Software including but not limited to: (1) product liability claims, (2) any claim that the Software fails to conform to any legal requirements, (3) consumer protection claims. (f) Microsoft is not liable for any third party claims that the Software infringes a third party’s intellectual property rights.


21.2 Apple.  If the Software is downloaded from the Apple ITunes Application Store, then you acknowledge and agree to the following additional terms:  (a) Apple has no liability for the Software and its content. (b) Your use of the Software is limited to a non-transferable license to use the Software on any Iphone, Ipad, or Ipod touch that you own or control as allowed by the Application Store Terms of Service. (c) Apple has no obligation whatsoever to furnish any maintenance or support for the Software or Services. (d) To the extent permitted by applicable law, Apple has no warranty obligation to the Software and Data Drop LLC will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this agreement. (e) Apple is not liable for any claims relating to the Software or your possession and use of the Software, including but not limited to: (1) Product liability claims, (2) any claim that the Software fails to conform to any applicable legal requirement. (3) Consumer Protection Claims. (f) Apple is not liable for any third-party claims that the Software infringes a third-party’s intellectual property rights.


Revision B, 10-17-2014


End User License Agreement
Last Updated: 10-17-2014

By downloading the Data Drop software that is presented by Data Drop LLC from this site, you are agreeing to the following terms and conditions along with the “Data Drop LLC General Terms of Use”.  If you do not agree with such terms and conditions, do not download the software.  The terms of any additional end user license agreements accompanying a particular version of the software file, upon installation or download of that software version, shall supersede the terms presented below.

The export and re-export of the Data Drop software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country in which the United States embargoes goods.  In addition, Data Drop software may not be distributed to any person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

The software is designed for use with an Application product published by Data Drop LLC.  Data Drop LLC grants you a nonexclusive license to use this software with the Host Application only, provided that you possess a valid license subscription from Data Drop LLC.  Except as set forth below, such software is licensed to you and subject to the terms and conditions of both the “End User License Agreement” and the “Data Drop General Terms of Use”.

DISCLAIMER OF WARRANTIES

You agree that Data Drop LLC. has made no expressed warranties to you regarding the use of the software and that the software is being provided to you “as-is”.  There is no warranty of any kind.  Data Drop LLC disclaims all warranties with regard to the software and its use both expressed and implied including without any limitation, any implied warranty of fitness for a particular purpose, use, merchantability, quality, or non-infringement of Third Party Rights.  Some states and jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.  Any issues regarding the disclaimer of warranty of the Data Drop software is governed and construed according to the laws of the State of Colorado, United States of America.

LIMIT OF LIABILITY

Under o circumstances will Data Drop LLC. be liable to you for any loss.  This includes the loss of use, functionality, data, interruption of business, or any other direct, indirect, special, incidental, or consequential damages of any kind (including loss of profits) regardless of the form of action whether in contractual agreement, tort (including negligence), strict product liability, or otherwise.  This includes circumstances in which Data Drop LLC. has been advised of the possibility of such damages.  Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation of exclusion may not apply to you.  Any issues regarding the limitations of liability of the Data Drop software is governed and construed according to the laws of the State of Colorado, United States of America.

Automatic Payments - Terms and Conditions
Last Updated: 05-26-2018

By enrolling in this recurring payment program, you authorize Data Drop:


To initiate recurring charges from your specified credit card.


The amount charged to your credit card every month will be the then current renewal on your account. Your renewal is the amount on your Data Drop statement, plus additional charges billed to your account after your statement was issued, less credits or payments posted to your account after your statement was issued. Once your enrollment is processed, all payments will be automatically charged to the designated credit card on the Data Drop statement renewal date, unless you terminate your authorization in the manner described herein.


You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.


YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO YOUR ACCOUNT AT DATADROP.CO AND REMOVING YOUR CARD ON FILE INTURN TERMINATING AUTOMATIC PAYMENTS OR BY CALLING DATA DROP AT 1-925-800-3767 AND TERMINATING YOUR AUTHORIZATION WITH A DATA DROP CUSTOMER ACCOUNT EXECUTIVE.


You must update all changes to your credit card information by logging into your account at datadrop.co. If you do not update your credit card information and Data Drop is unable to charge your credit card or for the renewal amount on your Data Drop account, you will be subject to account deactivation.


Data Drop will make your monthly statement available to you online. You can access your monthly statement by logging into your account at datadrop.co and clicking Payments on the Settings tab. You agree to review each bill you receive and give Data Drop notice of any errors or disputed charges at least 72 hours prior to your statement renewal date.


DATA DROP SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT CREDIT CARD IS CHARGED.


Data Drop reserves the right to change these terms or terminate this Program at any time. Notice may be given on or with your statement or by other methods.


These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your Data Drop account or any Data Drop services you receive or other agreements you may have with Data Drop.