TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”).    USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE (“Agreement”).  By accessing, browsing and/or using this Site, you (“You” or “User”) acknowledge that You have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations.   IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
  1. Application of Terms.

    This Agreement applies to this Site even if You or your company has a subscription agreement in place. Information may be changed or updated without notice.  USDatalink also may make improvements and/or changes in the products and/or programs described in this information at any time without notice.

  2. Intended Audience.

    This Site is operated and/or controlled by Administaff Holdings, LLC doing business as USDatalink (“USDatalink”) and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials and services found on this Site (collectively, the “Content”) is intended for the lawful use of USDatalink’s customers, employees and members of the general public who are citizens of the United States of America and are over the age of 17.  This Site is not a children’s site and USDatalink does not solicit data from children or market to children.  This Site is controlled and operated in whole or in part by USDatalink from its offices within the United States.  USDatalink makes no representations that this Site or the Content is appropriate or available for use in other locations.  Those accessing this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.  By accessing this Site, You acknowledge that USDatalink reserves the right in its sole discretion to refuse or terminate access to this Site at any time.

    Nothing on this Site shall be interpreted as offering legal advice.

  3. Privacy.

    You agree to read and periodically review the Privacy Policy posted on this Site. You agree to the terms of the Privacy Policy as posted by USDatalink.

  4. Intellectual Property Rights.

    USDatalink, its suppliers or its licensors own all copyrights to the Content on this Site and all other intellectual property rights related to this Site.  All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to USDatalink or its suppliers or licensors. You acknowledge that You have been advised by USDatalink that the Content, Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of laws and regulations.  THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED. YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN USE AND YOU MUST KEEP ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ATTACHED TO THE DOWNLOADED MATERIAL.

  5. External Sites.

    This Site may contain links to other web sites which are owned or operated by third parties or by the U.S. Government (“External site(s)”).  USDatalink makes no representations whatsoever about any other site that You may access through this Site.   USDatalink is not responsible for the policies and content at linked sites and USDatalink does not control the privacy policies for linked sites nor does USDatalink control how user information will be utilized at linked sites.  Since USDatalink has no control over such sites and resources, You acknowledge and agree that USDatalink is not responsible for the availability of such External sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External sites or resources.  Links to External sites are provided solely as a convenience to Authorized Users of this Site.  It is your responsibility to take precautions to ensure that whatever site You select for your use is free of such items as viruses, worms, trojan horses, or other items of a destructive or disruptive nature.  It also is your responsibility to read the terms of use and the privacy policies that may appear on such sites and to determine for yourself whether You are willing to assent to such terms or policies.  References on this Site to any names, marks, products or services of any third parties to hypertext links to third party sites are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. USDatalink makes no representation or warranty as to any third party content, products or service, and You agree that USDatalink will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such third party content, products or services available through or on any External site or third party resource, or for any use of any personal information that You may choose to convey as You use an External site.

    If You are interested in creating any links to this Site, You must get approval from USDatalink’s Legal Department before doing so. In establishing links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of this Site or USDatalink, including its respective employees, agents, directors, officers and shareholders. You agree to remove any link to this Site immediately upon request by USDatalink.

  6. Disclaimer of Warranties.

    THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT USER'S SOLE RISK. USDATALINK DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES USDATALINK MAKE ANY WARRANTY AS TO THE QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT OR SERVICE OBTAINED BY USER VIA THIS SITE. USDATALINK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT IN RELATION TO THIS SITE. USDATALINK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH USER GAINS ACCESS VIA THIS SITE.

  7. General Release.

    You release USDatalink, its affiliates, its and their officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User's use of this Site.

  8. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES SHALL USDATALINK BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR THE INTERNET GENERALLY, INCLUDING USER'S USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF USER IS DISSATISFIED WITH THIS SITE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.

  9. Indemnification.

    YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND USDATALINK, ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY LOSSES, COSTS, DAMAGES, LIABILITY OR EXPENSES, INCLUDING COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE.

  10. U.S. Government Restricted Rights.

    Any Software or other materials that You download from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”) are provided with Restricted Rights.  Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set for the in subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is USDatalink, 19001 Crescent Springs Drive, Kingwood, TX 77339.

  11. Termination.

    USDatalink reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site;  (c) terminate any license granted herein; or (d) retrieve any material obtained by You from this Site.

  12. Miscellaneous

    a.  Notice.  All notices to USDatalink shall be in writing by certified mail or commercial delivery service against receipt to USDatalink to the attention of the General Counsel, USDatalink at 19001 Crescent Springs Drive, Kingwood, Texas 77339. Notice to USDatalink shall not be by facsimile transmission or e-mail.

    b.  Law. This Agreement shall be governed by the laws of the State of Texas applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.

    c.  Forum; Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Texas. Venue shall be in Harris County, Texas.

    d.  Entire Agreement. This Agreement constitutes the complete statement of the agreement between the parties with respect to this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.