DATA Website Terms of Use

Last Modified: 15 October 2022

These terms of use are entered into by and between you and Deception and Truth Analysis, Inc. (“DATA”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of website at www.deceptionandtruthanalysis.com (the “Website”), or use our deception and truth assessment services (collectively with the Website, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Services. 

Our Services is offered and available to users who 18 years of age and whose employer has authorized the user, entered into a separate Master Services Agreement (the “MSA”) with DATA and meets all of the eligibility requirements described therein, however, if you may still access our Website to learn and inquire about our products and services without restriction even if your employer has not entered into an MSA. By using our Services, you represent and warrant that meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. 

Your continued use of the Services following the posting of revised Terms of Use 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. 

Subject to the terms and conditions of the MSA, we reserve the right to withdraw or amend our Services, including any service material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

As between DATA and you, you are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you or your employer will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with these Services or otherwise is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time as set forth in the MSA, including if, in our opinion, you have violated any provision of these Terms of Use.

The Services 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 DATA, 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 of Use permit you to use the Services for the benefit of your employer’s commercial purposes 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 Services, except as permitted under the MSA. 

If you breach these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by DATA. Any use of the Services not expressly permitted by these Terms of Use or the MSA is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Deception and Truth Analysis, Inc. name, the terms D.A.T.A., D.A.T.A. Score, DATAbase, myDATA, and DATAredline, the Deception and Truth Analysis, Inc. logo and all related names, logos, product and service names, designs and slogans are trademarks of DATA or its affiliates or licensors. You must not use such marks without the prior written permission of DATA. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To impersonate or attempt to impersonate DATA, a DATA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm DATA or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer or database connected to the Services. 
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

You further agree to not use or access the Services, D.A.T.A. Score (as defined in the MSA), or any DATA materials in any manner: 

• that has the purpose or likely effect of manipulating stock prices or other valuations of third-parties; 
• for the purpose of analyzing or obtaining a D.A.T.A. Score based on the public or private statements of any government entity, government official, public figures, political figures, political opponents, you, your family members, any current or former employees or other personnel of your employer, or other entity, other than a corporation, partnership, joint venture, limited liability entity, unincorporated organization, trust association, or other legal entity for whom your employer is considering entering into a transaction and has instructed you to access the Services for the purpose of due diligence related to such transaction; or 
• intentionally defaming, harassing, abusing, harming, or otherwise offending any person.

The Services may permit you to upload content and materials for the purposes of analyzing such materials and calculating a D.A.T.A. Score (“Client Documents”). 

All Client Documents must comply with the Content Standards set out in these Terms of Use.

By providing any Client Documents on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use such Client Documents for the purpose of providing a D.A.T.A. Score based off of any such documents. 

You represent and warrant that: 

• You own or control all rights in and to the Client Documents and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective] licensees, successors and assigns.
• All of your Client Documents do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any Client Documents you submit or contribute, and you, not DATA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Client Documents posted by you or any other user of the Services. 

We have the right to:

• Take any action with respect to any Client Documents that we deem necessary or appropriate in our sole discretion, including if we believe that such Client Documents violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for DATA.
• Disclose your identity or other information about you to any third party who claims that material provided by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 
• Terminate or suspend your access to all or part of the Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS DATA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

These content standards apply to any and all Client Documents and use of the Services. Client Documents must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Client Documents must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
• (a) have the purpose or likely effect of manipulating stock prices or other valuations of third-parties;
• (b) be based on or related to the public or private statements of any government entity, government official, public figures, political figures, political opponents, family members of any current or former user of the Services, employees or other personnel of your employer, or other entity, other than a corporation, partnership, joint venture, limited liability entity, unincorporated organization, trust association, or other legal entity for whom your employer is considering entering into a transaction and has instructed you to access the Services for the purpose of due diligence related to such transaction; or
• (c) intentionally defaming, harassing, abusing, harming, or otherwise offending any Person;
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent

Deception and Truth Analysis, Inc.

600 N. Broad St.

Suite 5 #273

Middleton, DE 19709-1032

Phone: (302) 314-1429

Email: copyright@deceptionandtruthanalysis.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 

You agree and acknowledge that the D.A.T.A. Score is a scientific evaluation that measures the degree of psycholinguistic similarity of a document to known psycholinguistic features used by deceiving Persons when communicating. The D.A.T.A. Score ranges from -100% to 100% where negative values suggest the degree of deceptiveness and positive values suggest the degree of truthfulness. Specifically, a highly negative D.A.T.A. Score means that there is a high degree of deceptive language present. Likewise, a high positive D.A.T.A. Score suggests that there is a high degree of truthful language present. You are not permitted to make any representation, warranty, or other statement about the D.A.T.A. Score contrary to the foregoing. 

The D.A.T.A. Score is prepared and provided to you and your employer for information purposes only without regard to your employer’s or any other person’s investment objectives or financial situation. You agree and acknowledges that the D.A.T.A. Score is but one factor in making an investment decision on behalf of your employer or determining the suitability of or recommending any particular investment to other persons and should not be solely relied upon as the primary basis for making an investment decision or determining the suitability of or recommending any investment decision to another person. You agree to make any decisions related to your use of the D.A.T.A. Score with a level of care, skill, practice, and judgement consistent with best industry standards and practices.

You have and will retain sole responsibility for all access to and use of the Materials (as defined in the MSA) and D.A.T.A. Scores, including any results obtained from any use of the Services or Materials, including the D.A.T.A. Score and any conclusions, decisions, actions, or inactions based on such use. 

We may update the features and functionality of our Services from time to time (including any of the public materials available on or through the Services), but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. 

All information we collect on our Services is subject to our Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice. 

You may link to our homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

The owner of the Services is based in the state of Delaware in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of jurisdictions in which we sell licenses to access and use the Services. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the country from which a license was sold to your employer, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DATA NOR ANY PERSON ASSOCIATED WITH DATA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DATA NOR ANYONE ASSOCIATED WITH DATA REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVERS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVERS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

DATA 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ALL LIABILITY BETWEEN DATA AND YOUR EMPLOYER IS SET FORTH IN THE MSA. IN NO EVENT WILL DATA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE DIRECTLY TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless DATA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your Client Documents, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

This Agreement is governed by and construed in accordance with the internal Laws of the State of Delaware without giving effect to any choice or conflict of laws provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the State of Delaware. 

Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the city of Tampa and County of Tampa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

No waiver by DATA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DATA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

The Terms of Use, the MSA, and our Privacy Notice (including any applicable addenda) constitute the sole and entire agreement between you and Deception and Truth Analysis, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 

The Services are operated by Deception and Truth Analysis, Inc.; 600 N. Broad St.; Suite 5 #273; Middleton, DE 19709-1032; Phone: (302) 314-1429

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@deceptionandtruthanalysis.com.