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Terms of Use

Introduction
These Terms of Use apply to your use of the Digital Positions website (the "Website"). By using the Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you must immediately cease use of the Website. The Website is designed to provide you with information concerning Digital Positions and our products and services, and to enable you to request additional information from us. You may not use the Website for any other purpose. Digital Positions reserves the right to terminate or suspend your access to all or part of the Website, without notice, for any use of the Website that does not comply with these Terms of Use, as amended from time to time.

Copyrights
Digital Positions and its content providers expressly reserve all right, title and interests in and to the information, data, software, photographs, graphics, videos, music and other material (collectively, the "Content") contained in the Website, including, without limitation, any copyrights in or to the Content. You acknowledge that Content on the Website may change at any time, without any obligation on the part of Digital Positions to notify you of such changes.

Trademarks
"Digital Positions" and "i3SiteTools" (collectively, the "Marks") are all trademarks of Digital Positions and its affiliates, and all uses of such Marks shall inure to the benefit of Digital Positions and its affiliates. All other trademarks, trade names, service marks, logos, product names, and company names appearing on the Website are the property of their respective owners.

Restrictions
Except as expressly permitted in these Terms of Use, you have no right or license, by implication, estoppel or otherwise, with respect to the Content or the Marks. You agree not to use the Website, or any Content or Marks, in any manner that could give rise to any liability to Digital Positions or which might adversely affect Digital Positions’ or its affiliates' public image, reputation or goodwill. You are not permitted to (i) edit, alter, modify or prepare any derivative works of the Website, the Content, the Marks, or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in the Website, the Content or the Marks; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Website, the Content or the Marks in any form.

Your Information
You agree to provide true, accurate, current and complete information about yourself as prompted by the Website. Such information, together with any other information obtained from you or through your use of the Website, are collectively referred to as "Your Information". You acknowledge that by providing any of Your Information to the Website, you consent to the transmission of such information over the Internet. You authorize Digital Positions to use Your Information in accordance with our Privacy Policy.

Your Password
You are responsible for keeping your password secret and confidential. You agree that you are responsible for all communications and other activity that occur using your password, including any obligation which may result from such use. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused. You may not assign your password or any of your rights with respect thereto, and any attempted assignment will be void.

Links
You may not create any links to the Website without the prior written consent of Digital Positions. Digital Positions does not undertake to and is not responsible for reviewing other websites to which the Website may be linked from time to time. Access to any other websites linked to the Website is at your own discretion and risk.

Disclaimer of Warranty
The Website and the Content contained in or provided through the Website are provided "AS IS," and any use thereof is at your own risk. DIGITAL POSITIONS HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Digital Positions does not warrant that the Website will operate uninterrupted or error-free, nor does Digital Positions make any warranty as to the accuracy or reliability of any information contained in or provided through the Website. No oral or written information or advice given by Digital Positions, its agents or employees will create a warranty and you may not rely on any such information or advice.

Limitation of Liability
The Website is provided for your convenience. You agree that neither Digital Positions nor its affiliates shall be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, and exemplary damages. Without limiting the generality of the foregoing, Digital Positions and its affiliates shall not be liable for any damages arising out of or relating to (i) any use or inability to use any part of the Website, including without limitation any errors, interruptions, delays in operation or transmission, or any failure of performance in the Website (including, without limitation, any deletion, mis-delivery or failure to store communications by you); (ii) information or other content received through or from the Website, including without limitation computer viruses or other malicious code; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) interruption, suspension or termination of your access to the Website, regardless of whether the same was justified, negligent or intentional, inadvertent or advertent. You are responsible for any errors which you may make when using or submitting information through the Website. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue using the Website.

Amendment
Digital Positions reserves the right to amend these Terms of Use at any time without notice to you. You should review this page from time to time for any such changes. Digital Positions further reserves the right to restrict your access to the Website until you accept any amended Terms of Use.

Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles. All disputes arising from or in connection with the Website shall be subject to binding arbitration conducted by a single arbitrator in Atlanta, Georgia pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that Digital Positions and its affiliates shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce these Terms of Use or its rights in the Website, the Content or the Marks without first seeking or obtaining any decision in arbitration. No failure or delay on the part of Digital Positions to exercise any right under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise thereof or of any other right. If any provision contained in these Terms of Use not essential to the commercial purpose hereof shall be held to be illegal, invalid or unenforceable, the remaining provisions contained in these Terms of Use shall constitute the parties' agreement with respect to the subject matter hereof, and all such remaining terms, or parts thereof, shall remain in full force and effect.

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2221 Peachtree Rd, Ste. D645 - Atlanta, GA 30309 - 404-351-2366
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