1. Introduction

This Data Liability Waiver (“Waiver”) is provided by Decoding Technology LLC (“Decoding Technology,” “we,” “us,” or “our”) to inform our clients (“you” or “your”) about the limitations of liability regarding the handling, transfer, and storage of data during the provision of our services. Decoding Technology LLC is a limited liability company duly incorporated under the laws of the state of Florida, United States. The company’s filing information is as follows:

  • Document Number: L16000147372

  • FEIN Number: 81-3523540

  • Date Filed: August 8, 2016

  • Effective Date: August 6, 2016

  • State: Florida (FL)

  • Status: Active

Principal Address: 365 Fifth Ave S, Suite 201, Naples, FL 34102 (Updated on March 4, 2024)

Mailing Address: 365 Fifth Ave S, Suite 201, Naples, FL 34102 (Updated on March 4, 2024)

Registered Agent Name & Address (Updated on March 4, 2024): Nicander T Hildebrand 365 Fifth Ave S, Suite 201, Naples, FL 34102

Authorized Person(s) Detail:

• Title: Authorized Member

This policy governs the practices of Decoding Technology LLC and its operation of the Website.

2. Assumption of Risk

2.1. By engaging the services of Decoding Technology, you acknowledge and accept the inherent risks associated with the handling, transfer, and storage of data over electronic networks and systems.

2.2. You understand that despite our best efforts to maintain the security and integrity of data, it is impossible to guarantee absolute protection against unauthorized access, disclosure, alteration, or loss.

3. Limitation of Liability

3.1. Decoding Technology shall not be held liable for any loss, alteration, unauthorized access, or disclosure of data that occurs during the provision of our services, except in cases of willful misconduct, gross negligence, or intentional violation of applicable laws and regulations by Decoding Technology.

3.2. This Waiver extends to all forms of data, including but not limited to personal information, business data, intellectual property, and confidential information.

3.3. In no event shall Decoding Technology be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use or inability to use our services, including but not limited to loss of profits, loss of data, or business interruption.

4. Client Responsibilities

4.1. You are responsible for ensuring the accuracy, completeness, and legality of the data provided to Decoding Technology for the purpose of rendering our services.

4.2. You agree to indemnify and hold Decoding Technology harmless from any claims, demands, losses, liabilities, costs, or expenses arising from your breach of this Waiver or your misuse of data.

5. Exclusions

This Waiver does not apply to instances of willful misconduct, gross negligence, or intentional violation of applicable laws and regulations by Decoding Technology.

6. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

7. Confidentiality

Decoding Technology agrees to maintain the confidentiality of any proprietary or confidential information provided by the client. This includes but is not limited to business plans, customer lists, financial information, and trade secrets. Decoding Technology agrees not to disclose such information to any third party without the prior written consent of the client, except as required by law.

8. Intellectual Property Rights

Any intellectual property created or developed by Decoding Technology during the provision of services shall be the exclusive property of Decoding Technology, unless otherwise agreed upon in writing. The client acknowledges and agrees that they have no ownership rights to any intellectual property created or developed by Decoding Technology, including but not limited to software, designs, and inventions.

9. Dispute Resolution

Any disputes arising out of or in connection with this agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Naples, Florida. The decision of the arbitrator(s) shall be final and binding upon both parties.

10. Severability

If any provision of this agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

11. Entire Agreement

This agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.

12. Modification

This agreement may only be modified or amended in writing and signed by both parties.

13. Waiver

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.

14. Acceptance

By engaging the services of Decoding Technology, you acknowledge that you have read, understood, and agreed to the terms of this Data Liability Waiver.

If you do not agree with any part of this Waiver, you must notify Decoding Technology in writing and refrain from using our services.

By engaging the services of Decoding Technology, you acknowledge that you have read, understood, and agreed to the terms of this Data Liability Waiver.

If you do not agree with any part of this Waiver, you must notify Decoding Technology in writing and refrain from using our services.