Dupont Fabros Technology

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Terms & Conditions

Terms of Use
Welcome to the Dupont Fabros Technology, Inc. ("DFT") website at [http://www.dft.com] (the "Website").  DFT owns and operates the Website, and the content and documents available on the Website ("Website Content") are protected by copyright laws throughout the world.  DFT grants you a limited license to use the Website subject to the terms and conditions of use ("Terms of Use") set forth below.  Please read these Terms of Use carefully.

By using the Website, you agree to follow and be bound by these Terms of Use and our Privacy Policy, which can be found at HTTP://WWW.DFT.COM/PRIVACY.SHTML.

If you do not wish to be bound by these Terms of Use, you may not access or use this Website.

Certain areas of the Website may have different terms of use posted. To the extent there is a conflict between these Terms of Use and the terms of use posted for a specific area of the Website, the latter shall have precedence with respect to your use of that area of the Website.

DFT may, at any time, revise these Terms of Use by updating this posting.  Each time you visit this Website, you are agreeing to be bound by any such revisions.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

Limited License for Use of Website Content.  DFT hereby authorizes you to view documents and graphics in the Website Content subject to the following: (a) the Website Content may be used solely for personal, informational, non-commercial purposes; and (b) the Website Content may not be modified or altered in any way.  No other use of the Website Content is authorized. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Website Content in whole or in part without the express authorization of DFT.  Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of DFT or any third party.

Changes; Third Party Web Websites, Content, Products and Services.  DFT reserves the right to change or discontinue the Website or any Website Content at any time, with or without notice, and with no liability to you.  The Website may include hyperlinks to websites not controlled by DFT, and access to content, products and services from third parties.  DFT is not responsible for the availability of, nor any content on those websites to which it provides links.  DFT provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.  You agree that DFT is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that DFT is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

Submitted Materials.  No compensation will be paid with respect to the use of any information, content, feedback, business plans, resumes, or other material (the "Materials") that you submit, upload, post, transmit or otherwise make available through the Website. You grant to DFT an unrestricted, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform and transmit the Materials and to sublicense others to do so on DFT's behalf in connection with this Website and DFT's business, products, and services.  You represent and warrant that: (i) you own all the Materials submitted, uploaded, posted, transmitted or otherwise made available by you on or through this Website or otherwise have the right to grant the license set forth in this section, and (ii) your Materials do not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights, including, without limitation, any patents and trade secrets, of any person. DFT has no obligation to protect or preserve the information contained within the Materials. In the absence of a definitive agreement executed by DFT, no legal obligation of any kind or nature is created by the submission of the Materials. Accordingly, please act carefully in deciding to include any sensitive or confidential information in your Materials as DFT will have no obligation to maintain the confidentiality of the information and will be under no restriction with respect to such information.

Mailings.  By submitting your contact information and any other personal information through the Website, you hereby authorize DFT to use and disclose this information, including for the purposes of sending periodic mailings to you about DFT products, services and news.  These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Website Content).

Forward-Looking Statements.  The statements on the Website that relate to future events, our expectations or our future financial or operating performance are forward-looking statements. We have attempted to identify forward-looking statements by using words such as "anticipates," "believes," "could," "estimates," "expects," "intends," "may," "plans," "potential," and "predicts," or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause our or our industry's actual results and performance to be materially different from those expressed or implied by these statements. These risks include the timely and successful development of products, receipt of necessary regulatory approvals and commercial acceptance of products, the obtaining of proprietary protection for any such products, the impact of competitive products and pricing and reimbursement policies, changing market conditions and other risks.   Actual results may differ materially from those projected. These forward-looking statements represent DFT's judgment as of the date of posting. DFT disclaims, however, any intent or obligation to update these forward-looking statements.

Press Releases.  The information contained within press releases issued by DFT should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk.  See "Forward-Looking Statements" above.

Disclaimer. Except where expressly provided otherwise, the Website, and all content, materials, information, products and services provided on the Website, are provided on an "as is" and "as available" basis. DFT expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of title, noninfringement, merchantability, fitness for a particular purpose and non-infringement. DFT makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable.

Limitation of Liability.  In no event shall DFT be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you whether in an action in contract or tort, arising from your access to, or use of, the Website, whether or not DFT has been advised of the possibility.  You agree that DFT's aggregate liability to you for any and all claims arising from, or relating to, the Website (including, without limitation, access or lack of access thereto) is limited to fifty us dollars ($50).

Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.

Privacy Policy.  DFT's Privacy Policy can be found at http://www.dft.com/privacy.shtml and is hereby incorporated by reference into these Terms of Use.

Export Restrictions/Legal Compliance.  You may not access, download, use or export the Website, the Website Content, or products or services provided on the Website in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

Applicable Laws.  All matters relating to your access to, and use of, the Website and these Terms of Use shall be governed by U.S. federal law or the laws of the District of Columbia. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted in a court located in the District of Columbia, and no other venue.  You and DFT agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Contact Information.  If you have any questions regarding these Terms of Use, please contact DFT at:

DFT Technology, Inc.
1212 New York Ave. , NW
Suite 900
Washington, DC 20005
U.S.A.

These Terms of Use were last updated in October 2007.

Copyright/Trademark Information.  Copyright © 2007, DFT. All rights reserved.

The trademarks, logos and service marks ("Marks") displayed on the Website are the property of DFT or other third parties. You are not permitted to use these Marks without the prior written consent of DFT or such third party which may own the Mark.

 

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