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Privacy Policy and Terms of Use

DATA CENTER COALITION

Privacy Policy

Terms of Use

Updated August 25, 2023 

Privacy Policy

This Privacy Policy outlines the information the Data Center Coalition (“DCC” or “Organization”) collects from users of its Website, as well as from our members and users of our publications and other products, services, and programs, and how that information is used, shared, and protected by Organization. In addition to this Privacy Policy, users of the Website should review Organization’s Terms of Use for any additional terms and conditions that may apply. 

Data We Collect 

DCC collects two types of data: (1) anonymous technical data and (2) voluntarily submitted data.  When you browse the DCC website, we may collect information regarding the domain and host from which you access the Internet, the Internet Protocol address of the computer or Internet Service Provider you are using, browsing history on the Website, geo-location information derived from your Internet Protocol address (which can be used to identify your general geographic area), and anonymous site statistical data. We may also collect information about your interactions with our content, including the areas you visit on the Website and whether you open email messages from us. We may also collect certain information about your online activities through technical means, including through the use of cookies (described below) and other technologies. This information is collected for the purpose of analyzing site traffic and improving our Website and services. 

In addition, DCC might ask for and collect from you personally identifiable information at various points throughout the Website.  Depending on the information and/or services you request, you may be asked to provide your name, title, email address, address, phone number, picture, credit card and payment/billing information, and other similar information. We also collect information from you when you become a member, and the provision of some of this information is optional. 

If you choose to purchase a membership, product, or service, we and/or our third-party payment processors will collect information in order to enroll/register you, and you will be required to fill out a registration or order form and provide personal information, which we will use to process your registration or order. 

If you choose to provide information in an online community, committee, or group, your information will be viewable by those within the community. DCC is not responsible for others’ use or misuse of your personal information. 

If you choose, your name and contact information may be shared with DCC members through an online directory. Access to the Member Directory is limited to current DCC members and for personal, non-commercial, use only. In using the directory, members agree that no results of any search will be redistributed, transferred to magnetic media, or otherwise duplicated. Members also agree not to use any information contained in the directory to conduct any solicitation of sales of merchandise or services, or otherwise to promote themselves or their employer. Members may opt out of being listed in the directory. Members who do not opt out of the directory, may opt out of listing contact information, including email, phone, mailing address, and social media handles/URLs. 

We may collect additional information about you from other sources to help us correct our records and to improve the quality of our services and products. 

DCC’s website is not intended for use by children under age 18.  We do not knowingly collect information from children under age 13. Should DCC learn that a child under 13 has provided us with personal information, we will delete that information from our database. 

How DCC Uses Your Information 

DCC uses information collected across its Website, products, and services to provide services, products, or information you have requested, to personalize your experience, to answer your questions/requests, to perform our obligations under any agreement between DCC and you, and to communicate with you about your membership. DCC may also use your information for general business purposes, including: 

  • To process and respond to inquiries and for the purposes for which you provided the information, such as sending you requested advocacy information, newsletters, publications, action alerts, and other information we believe may be of interest to you;  
  • To customize our services and products to provide you with a richer, more relevant experience; 
  • To provide others with your information for the limited purposes described in this Privacy Policy, as described to you when collecting your personal information, or otherwise with your consent; 
  • To conduct research and analysis, to help DCC improve services and products; 
  • To operate, optimize, and improve DCC services and products; 
  • To process your membership and provide membership services; 
  • To provide a membership directory; 
  • To alert you to new projects, research reports, briefings, events, or other activities, including providing information about services and products that may be of interest to you;  
  • To measure or understand the effectiveness of our Website and services; 
  • To report on the impact and effectiveness of our work; 
  • To audit and/or administer our accounts; 
  • To evaluate or conduct a potential business transaction; and 
  • To satisfy legal obligations which are binding on us, for the prevention of fraud or misuse of services, and for the establishment, defense and/or enforcement of legal claims. 

Members may adjust their personal privacy options to restrict what information is disclosed in DCC’s membership directory. You may also adjust your email preferences. DCC sends out announcements, newsletters, requests for member input, and other items we believe may be of interest. If you do not wish to receive some of these communications, you may indicate your preference in your member account, by email at info@datacentercoaltion.org, or by telephone at 682-788-3617. DCC may continue to send members “transactional” emails and other communications related to their membership. 

Cookies 

DCC uses “cookies” on our Website to, among other things, fulfill user requests, provide enhanced functionality for our users, and enhance web content so that web content and design are relevant to you and your interests.  DCC also uses cookies to analyze user activity in order to improve the website.  DCC might use cookies to look at aggregate patterns; this analysis can provide insights about how to improve the functionality and user experience of our website.  We may also use cookies to gather certain information about users, such as browser type, server, language preference and country setting, to store user preferences on our website to make your user experience more consistent and convenient.  We may also use your IP address to determine your geographic location to provide you with the most relevant results. 

DCC uses cookies from third-party partners, such as Google, for marketing purposes.  These cookies allow us to display material to you on other sites you visit across the Internet.  Third parties may share information with their partners to show you targeted advertisements across their network. 

Use of External Tools 

Google Analytics 

DCC has integrated the component Google Analytics (with anonymization function) into this website. 

Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects from which website a data subject has come, in this case, to DCC’s website (so-called referrers), which subpages of the website were accessed, and/or how often and the duration a subpage was viewed. A web analysis is mainly used to optimize a website and for the analysis of content viewed on the website. 

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. 

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Google might transfer the personal information collected via this technical procedure to third parties. 

As IP anonymization is activated on our website, your IP address will be sent and shortened by a Google server within the United States.  In some cases, your IP address will be shorted by Google in Member States of the European Union or other states in agreement with the European Economic Area. On behalf of the operator of the website, Google will use this information to evaluate your use of the website, compile reports on website activity and to provide further services related to website and internet use to us. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google. 

In addition, this website uses the Analytics feature UserID to track interaction data. This User ID will be additionally anonymized and encrypted and will not be linked with other data. 

You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. 

In addition, you may prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en  

This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. 

In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. 

Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy?hl=en and https://marketingplatform.google.com/about/ The following link provides a further explanation of Google Analytics https://marketingplatform.google.com/about/

Our website also uses Google Analytics performance reports relating to demographics and interests and reports on Google Display Network impressions. You can disable Google Analytics for display advertising and customize the ads on the Google Display Network by visiting the ad settings at this link: https://adssettings.google.com

How We Share Your Information 

We may share information collected from or about you with others, including with business solution providers who help us with specialized services such as payment processing, analytics, and member support. Additionally, we may authorize certain vendors to use aggregated, anonymous information derived from data collected when you use the services and products they support on our behalf. We take the protection of your personal information seriously and it is treated in accordance with this Privacy Policy and applicable laws when it is shared. 

DCC may access, preserve, and disclose your information if we believe that we are required to do so by applicable law, such as to comply with a search warrant, court order, subpoena, or request from law enforcement, to enforce our legal rights and agreements (including our Terms of Use), and to defend against legal claims. 

DCC may disclose your information to investigate, prevent, or take action regarding suspected illegal activities, including fraud, to protect the legal rights, safety, and property of DCC and its employees, members, agents, and contractors, and in connection with any safety or security concerns involving our users, members, or the public. 

Personal information you submit to a DCC publication or elect to post in a public area of our Website is public and may be shared with third parties. If you do not want this information shared, do not post information that identifies you. 

DCC does not sell, rent, or share your information with third parties that use such information for commercial purposes.  DCC might provide your email address or other personal information to authorized third parties required to deliver a particular service. These third parties may not use said information for any other purpose than to carry out the services they are performing for DCC. 

Protecting Information 

DCC has taken certain physical, administrative, and technical steps to help safeguard information that you provide to us. These steps might include, but are not limited to, password restricted access to personal information and data encryption where applicable.  DCC makes efforts to help ensure the security, integrity, and confidentiality of personal information; however, no transmission or electronic storage of information can be guaranteed to be 100% secure. 

DCC’s website is hosted by servers in the United States.  Accordingly, if you are located outside of the United States, any data you voluntarily provide to us will be transferred to the United States.  By submitting such data, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected. 

Retention of Data 

DCC will retain your personal information as needed to fulfill the purposes for which it was collected, or until consent is revoked. Your information will be retained and used as necessary to comply with DCC’s business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. 

Changes to this Privacy Policy 

DCC may update this Privacy Policy in the future. If we make a change to this Policy, we will place the updated Privacy Policy on the Website and/or contact you using any contact information that you have provided us, and we will indicate in the Privacy Policy the date on which it was most recently updated. Any personal information that you provide to us after we modify this Privacy Policy will be governed by the practices described in the updated Privacy Policy. 

External Links 

There may be external links to other websites through the DCC Website. Please note that DCC is not responsible for the privacy policies of those other websites and hereby disclaims any liability or responsibility in connection with such linked websites. 

How to Contact Us/Unsubscribing 

If you have any questions or concerns about this Privacy Policy, you may contact us at: 

Data Center Coalition 

525-K East Market Street #253, Leesburg, VA 20176 

info@datacentercoalition.org 

 

You have the right to unsubscribe from our email or other communications at any time.   All such requests should be directed to  

info@datacentercoalition.org 

or via postal mail sent to DCC,  

525-K East Market Street #253, Leesburg, VA 20176 

 

Updated August 25, 2023 

Terms of Use

Introduction 

The content on datacentercoalition.org and its associated web pages, applications, and digital tools (collectively, “Website”), are presented by the Data Center Coalition (“DCC”), with the intent of providing information about the data center industry and providing a forum for DCC members to communicate and collaborate on industry priorities and initiatives.  

This Agreement sets forth the terms and conditions for your use of the Website. By using the Website, you are agreeing to these terms and conditions. Please review them carefully, and please also review our Privacy Policy, which is a part of this Agreement and describes how DCC treats your personal information. 

When you use this Website, it is important that you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of the DCC Website, as well as your rights and obligations when you provide information for the Website, your obligations as a Website user, and DCC's policies on privacy, security, and other matters. Please read these Terms of Use carefully. 

By registering on, subscribing to, or participating in the communities, committees, or groups on this Website, you warrant that you have the legal capacity to enter into the Agreement set out in these Terms of Use, that you agree to these Terms of Use, and accept the obligations of a DCC Website user. 

If you do not agree with any of these Terms of Use, please do not use this Website. 

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Website will be deemed as acceptance of any revisions. 

The DCC Website 

These Terms of Use apply to all content contained within the datacentercoalition.org domain regardless of referring domain or URL and the term DCC may be used to refer to any product or information offering provided through the DCC Website. 

Each area of the DCC Website may have unique considerations and expectations regarding Terms of Use. We will attempt to describe these areas below to make it easy for the user to find areas relevant to their activities on the DCC Website. 

Use of Website and Service  

To access or use the Website and/or any of the products, communities, and other services provided by DCC (collectively “Service”), you must be 18 years or older and have the requisite power and authority to enter into these Terms.  Children under the age of 18 are prohibited from using the Website. 

We make no representation or warranty that the information provided on the Website (“Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content, and do not guarantee any particular result will be achieved from the Content or use of the Service.   

You may use the Website and Service for lawful purposes only and consistent with the provisions provided by these Terms of Use. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website for legitimate purposes only. You will not post or transmit through the Website or Service any material: 

  • which is for commercial purposes or otherwise advertises or solicits for the sale of goods or services; 
  • which violates federal or state antitrust laws;  
  • which violates or infringes the rights of others;  
  • which is threatening, abusive, defamatory, libelous, disparaging, invasive of privacy or publicity rights or otherwise violates the legal rights of any third party;  
  • which is vulgar, obscene, profane, sexually explicit;  
  • which constitutes or contains false or misleading indications of origin or statements of fact, or otherwise objectionable;  
  • which contains injurious formulas, recipes, or instructions;  
  • which encourages conduct that would constitute a criminal offense, give rise to civil liability, or  
  • which otherwise violates any applicable law, regulation, or rule; 
  • which contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or 
  • which impersonates another person or entity, or that collects or uses any information about Website visitors. 

No-Commercial Use 

You agree to use the Website, tools, and products and services available through our Website, only in a noncommercial manner. You specifically agree not to post, transmit, or otherwise distribute to or through the Website any material containing any solicitation of funds, advertising, or solicitation for goods or services. Use of our Online Member Directory is limited to current members and for personal, non-commercial use only. In using the directory, members agree that no results of any search will be shared, redistributed, copied, transferred to magnetic media, or otherwise duplicated. Members also agree not to use any information contained in the Member Directory to conduct any solicitation of sales of merchandise or services, or otherwise to promote themselves or their employer.  

We encourage you to report any apparent violation to us using the contact information provided in this Terms of Use.  

 

Your Rights 

DCC grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the services and materials provided thereon, and to download or print content displayed on our Website provided that you comply fully with these Terms of Use. The contents of the Website are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Website or any part of them in any way. 

Website Security 

Registration & Password Security 

To access certain products and services offered by the Website, you may be required to create a membership account and register. Security checkpoints are set up as part of your membership/registration process. In addition to providing certain personal information such as your name, email address, and other relevant contact information, you will be asked to establish a UserName and create a Password that only you know.   

You agree that any registration information you give to DCC is accurate, correct, and up to date, and that you will be responsible for updating such information as necessary. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. In the use of the Website and/or Service, you must not violate any laws in your jurisdiction. 

You agree to promptly update your Registration Information in your "Profile" page if you know of or suspect unauthorized use of the Website or other product or service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your credit or debit card or other payment method information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your membership or other product or service until you update your Registration Information.  

To enhance your security, our services support personnel will not be able to know your password. Should you forget your password, you will be provided with a link to create a new one to your registered email address.  

Security 

An SSL certificate protects data on this Website. An SSL certificate provides authentication for a website and enables an encrypted connection. These certificates communicate that the web service host certifies that DCC's ownership of its Website to the certificate authority. However, while we engage in reasonable methods to protect your personal information, DCC cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. 

Copyright, Intellectual Property Rights 

Use and Limitations 

This Website and the information available through it are the property of DCC and are protected by copyright and other intellectual property laws. All materials available on the Website, including without limitation text, data, images, software and downloadable software applications, online communities, audio and video clips, databases, and ratings, (collectively, the "Content") are owned or controlled by DCC or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content.  DCC reserves the right to limit, restrict, or terminate access to this Website at our discretion, without notice. 

All information presented in this Website is intended for your personal, non-commercial use. By using this Website, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, print, or circulate any of the information received through this Website to anyone without the express prior written consent of DCC.  

This Website, and any of its data, listings, or other constituent elements may not be downloaded, republished, resold, or duplicated, in whole or in part, for commercial purposes or for purposes of compiling mailing lists or any other lists. Scraping of information from this Website by automated or manual agents is prohibited. The use of this Website to establish independent data files or compendiums of statistical information is prohibited.  

Notice of Copyright Infringement 

We intend that all content provided on our Website respects the copyright and other proprietary rights of third parties. When members post content on our Website, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Website infringes your copyrighted material, then you may request the content be removed from the Website in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below. 

You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to the following Designated Agent: 

Attn: Allison Gilmore 

Data Center Coalition 

Allison Gilmore 

allison@datacentercoalition.org 

Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please contact info@datacentercoalition.org. 

Your Notice must be in writing and include: 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; 
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. 

Communicating on or through the Website 

BY TRANSMITTING ANY COMMUNICATION TO THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT SUBMIT ANY COMMUNICATION USING ANY WEBSITE TOOL OR OTHERWISE TO THE WEBSITE AND/OR PARTICIPATE IN ANY ONLINE COMMUNITY. 

By transmitting any Communication to the Website, you grant DCC an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, together with any personal information transmitted with your Communications (such as name, user name and photograph), in all formats and in all media now known or later developed.   

You acknowledge and agree that any Communications made to or by means of any Website Tool are public and you have no expectation of privacy in any such Communication.  No confidential, fiduciary, contractually implied or other relationship is created between you and DCC by reason of your transmitting a Communication to any Website Tool.   

DCC reserves the right, but has no obligation, to monitor the Website and edit, modify, or delete any Communications (or portions thereof) which DCC in its sole discretion deems inappropriate, offensive, or contrary to any DCC policy, or that violates these Terms of Use. 

With respect to your conduct while posting or participating in an online community, you agree not to: 

  • attempt to disguise the origin of any content transmitted; 
  • act in any manner that could negatively affect other users' ability to use the Website; 
  • violates any state, federal, or international antitrust law; 
  • impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; or 
  • upload, post or otherwise transmit any content that: 
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or 
  • is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," requests for contributions, or any other form of solicitation. 

DCC reserves the right to (i) screen Communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (ii) edit, modify, remove or disable access to any Content that violates these provisions or that DCC deems objectionable; and (iii) investigate any misuse of any online community, Website Tool or its systems, equipment or network. Without limitation of the foregoing, DCC reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that DCC suspects has violated any law or regulation. DCC also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. 

Participation in Communities - General 

As a participant on this Website, you agree that: 

You will not provide comments or other information, directly or by links to other sources, that is defamatory, known by you to be false or inaccurate, abusive, vulgar, exploitative, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or in violation of any law. 

You will not provide any comments or information that violates any federal or state antitrust laws. 

You will not solicit contributions, goods, or services. 

You agree not to post any copyrighted material in comments areas unless the copyright is owned by you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. 

You are solely responsible for the content of your comments. 

You will hold harmless DCC and DCC's employees and agents with respect to any claim based upon your participation in online communities. 

You agree not to post any advertising, URLs with affiliate IDs or tracking numbers, or anything which actively promotes a website or company. 

You agree not to represent yourself as another person, company, or entity. 

DCC reserves the right, but has no obligation, to delete any message, to revoke your access to the Website, or disable your posting ability for any or no reason. 

It is possible the identity of individuals who submit postings in online communities might be discerned by the subjects, based on information included in their comments. Further, it’s possible that DCC might provide the identities of commenters if required to do so, or if DCC judges that it could be required to do so, by a court of law or pursuant to a subpoena. 

Links to Other Sites 

This Website may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by DCC of any third-party site or any materials contained therein. DCC does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.  

Disclaimers 

Accuracy of Website Content. DCC cannot and does not warrant the accuracy, completeness, timeliness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information or views available through this Website, or the Website itself.  

Indemnification. You hereby agree to indemnify, defend and hold harmless DCC from and against any and all liability and costs incurred by DCC in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any claim. DCC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DCC. 

Limitation of Liability. DCC shall not be liable to you or anyone else for any loss or injury caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering this Website and any information through this Website. In no event will DCC be liable to you or anyone else for any decision made or action taken by you in reliance on such information or views or for any incidental, consequential, special, or similar damages even if advised of the possibility of such damages. You agree that the liability of DCC, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Website or the information in the Website shall not exceed the amount you paid to DCC for use of the Website or subscription or purchase of DCC membership or publication. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranties are the only warranties of any kind either expressed or implied including warranties of merchantability or fitness for any particular purpose. 

Waiver. Failure by DCC to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. 

Governing Law. Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Virginia. All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of the Commonwealth of Virginia and you consent to personal jurisdiction in those courts.  In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.                  

How you can contact us 

If you have any questions or concerns about these Terms of Use, you may contact us at: 

info@datacentercoalition.org