Terms of Service

Last update: Nov 20, 2017

The following terms and conditions (“Terms”) govern all use of all products, websites, and services, including, but not limited to, M3 ("M3"), UnionFusion ("UnionFusion"), and Datarg.com (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by DRG (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with Data Research Group ("DRG" or "we").

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by DRG, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires may require an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Services.

  • Your Account / Website. If you create a blog or website on our Services, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify DRG of any unauthorized uses of your blog, your account, or any other breaches of security. DRG will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate, comment on, post material to, post links on, or otherwise make (or allow any third party to make) material available (any such material, “Content”) via our Services, you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our Services, you represent and warrant that your Content and conduct do not violate these Terms. 
  • Web Traffic. We use a third party, Google Analytics, to measure our Services’s audience and usage. By using our Services, you agree to assign the traffic relating to your website to DRG and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your website’s traffic will be included under DRG. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
  • Ecommerce. There are certain features on our Services, such as Store, Membership, and Events, that enable you to sell items (goods, content, services, etc.) on your website. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, and compliance with any applicable laws. Among other things, this means that:
    • You should use your best judgment when setting up your store, operating your store, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
    • We are not involved in your relationships or transactions with any customer or potential customer.
    • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
    • You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
    • You may choose to set up and/or use third party services, such as Stripe to collect payment. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships. Please note that some of these third party services may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them in your settings.
    • You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices.
  • Payment and Renewal.
    • General Terms. Optional paid services such as Enhanced Communication or Web Hosting are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay DRG the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
    • Automatic Renewal. Unless you notify DRG before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Subscriptions section of your site's admin module.

2. Responsibility of Visitors.

DRG has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, DRG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DRG disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Services link, and that link to our Services. DRG does not have any control over those non-DRG websites, and is not responsible for their contents or their use. By linking to a non-DRG website, DRG does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DRG disclaims any responsibility for any harm resulting from your use of non-DRG websites and webpages.

4. Intellectual Property.

This Agreement does not transfer from DRG to you any DRG or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with DRG. DRG, UnionFusion, FlashPoint, related logos, and all other trademarks, service marks, graphics and logos used in connection with DRG or our Services, are trademarks or registered trademarks of DRG or DRG’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any DRG or third-party trademarks.

5. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

6. Termination.

DRG may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Partner Terms.

In order to support certain functionality with M3 and related products, DRG partners with other vendors. The following terms relate specifically to such vendors.

Twilio Terms of Service

DRG offers an opt-in SMS/MMS messaging service to our clients which may result in you receiving SMS/MMS messages on your device from our "short code" number: +38009. 

When you opt-in to the service, we will send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text "STOP" to 38009. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 38009. We will respond with instructions on how to use our service as well as how to unsubscribe.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@datarg.com.

Stripe Terms of Service

To establish a credit card processing account (merchant account) in DRG's application(s), you must open a "DRG Stripe Connect" Account. This account is provided by Stripe, and administered by DRG. By opening a DRG Stripe Connect Account, you agree to these Terms of Service as well as Stripe's Connected Account Agreement (https://stripe.com/us/connect-account/legal).
 
Transactions processed through your DRG Stripe Connect Account are subject to the following limitations and restrictions:
 
- All transactions must be verbally or electronically authorized by card holder. By submitting a transaction through DRG Stripe Connect you represent that you have obtained this authorization. A card holder may authorize future transactions by establishing an Auto Pay plan.
- All transactions are subject to a fee ("transaction fee") of $0.30 plus 3% of the total transaction amount. (This fee may be adjusted dependent upon your location and transaction volume. Please see your specific fees as recorded on your DRG Stripe Connect Account profile.)
- You may not submit fraudulent or unlawful transactions to DRG Stripe Connect.
- If DRG receives notice that a transaction has been disputed by the card holder, DRG will immediately reverse the transaction from your DRG Stripe Connect Account, along with a fee ("dispute fee") of $20. (This fee may be adjusted dependent upon your location and transaction volume. Please see your specific fees as recorded on your DRG Stripe Connect Account profile.) You may submit evidence in support of your case, and DRG will present your evidence to the Card Issuer. DRG does not make judgment decisions on the evidence you provide. DRG will relay all Card Issuer decisions to you in a timely manner. If your case is decided in your favor by the Card Issuer, DRG will return the dispute fee and the transaction to you minus the original transaction fees.
 
If DRG determines, in the sole judgment of DRG, that this agreement has been breached by you, your staff, or your end users, DRG reserves the right to immediately disable your DRG Stripe Connect Account until sufficient measures have been established to restore and secure your DRG Stripe Connect Account. You agree to hold DRG harmless from and against any claims brought by a third party arising out of such a breach.
 
DRG may use information related to your card processing through your DRG Stripe Connect account to assist you with: application support (help desk), bank deposit settlement and validation, dispute resolution, or any other task requested to help you manage your transactions. DRG may also use your anonymized data to evaluate various payment trends. By establishing a DRG Stripe Connect account you agree to these usages. 

For all questions about the services provided by DRG Stripe Connect, you can send an email to support@datarg.com.

Dwolla Terms of Service

In order to use the payment functionality of DRG's application(s), you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize DRG to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our Services, and Dwolla account notifications will be sent by DRG, not Dwolla. DRG will provide customer support for your Dwolla account activity, and can be reached at support.datarg.net, support@datarg.com and/or (800) 381-1773.

8. Disclaimer of Warranties.

Our Services are provided “as is.” DRG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DRG nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Limitation of Liability.

In no event will DRG, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this Agreement during the twelve (12) month period prior to the cause of action. DRG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the DRG Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.