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General:
This subscription-based Web site, including all of its features and content
(henceforth to be referred to as Web site), is a service made available
by Access Confidential, a Virginia corporation (henceforth to be referred
to as Provider), and all content, information, features and services
provided on or through this Web site (henceforth to referred to as
Content) may be used solely under the following Terms of Use. By using
the Provider’s Web site, the Subscriber and its licensed Users
agree to all Terms of Use, constituting the final and entire agreement
between the Provider and the Subscriber, which supersedes all other
verbal or written negotiations, understandings, or agreements.
Changes:
The Provider may change, at its sole discretion, the Terms of Use, the
Web site, and the Content without notice or liability, and modifications
shall become effective immediately upon posting on the Provider’s
Web site. By continuing to use the Web site after the posting of such
changes on the Web site, the Subscriber indicates acceptance of such
changes through the duration of the subscription (henceforth to be
referred to as Term).
Term and Termination:
All Terms are annual (12-month) contracts. A Term shall commence immediately
upon the Provider’s receipt of a one-time, annual payment. If
the Term is not renewed, that Term shall conclude immediately upon
the end of the twelfth month following the Provider’s receipt
of payment.
The Provider reserves the right to terminate, via written notice and
for reasonable cause (id est – fraudulent, abusive, and/or illegal
activity), a Term at any time to become effective immediately. Let it
be known that upon termination occurring before the contractual end of
the Term, no refunds will be granted to the Subscriber.
Upon commencement of the Term, the Subscriber does not, at any time,
have the right to cancel or otherwise prematurely exit the Term.
Renewal Policy:
Renewals for all Terms shall occur automatically unless the Subscriber
notifies the Provider no later than thirty (30) days prior to the contractual
expiration date of the Term.
Limitations on Use:
A) The Subscriber’s access to the Provider’s Web site and
its Content is limited to the maximum number of designated and named
licenses (henceforth to be referred to as a User) purchased at the beginning
of a Term. The Provider more specifically defines a User as a single,
named individual who has completed the Provider’s subscription
registration process and has provided all requested information. The
Provider allows for the addition of multiple Users to a subscription
during the Term. The Provider requires all supplementary Users to complete
the subscription registration process and provide all requested information.
The Provider reserves the right to subsequently incur additional payment(s)
due for the Term concurrent with the increase in the number of Users.
B) The Provider will issue individual usernames and passwords to each
User. It is the responsibility of the User to protect the confidentiality
of the username and password and to monitor all activities that occur
under the use of the username and password. The Provider cannot and will
not be liable for any losses or damages consequential to the unauthorized
use of a User’s username and/or password. The Provider reserves
the right to monitor Subscribers’ use of the Web site to ensure
compliance with the Terms of Use. The Provider will deem fraudulent,
abusive, or illegal activities grounds for the termination of the Term.
C) The Content on this Web site is for use by the Subscriber and its
Users only and not for commercial exploitation. A User may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or
create derivative works from either this Web site or its Content. A User
may not use any network monitoring or discovery software to determine
the site architecture or extract information about usage, individual
entities or users. A User may not use any robot, spider, other automatic
software and/or devices or manual processes to monitor or copy this Web
site or its Content without the Provider’s written consent. A User
may not copy, modify, reproduce, republish, distribute, display, or transmit
to third parties outside the User’s agency network for commercial,
non-profit or public purposes any or all portions of this Web site without
the Provider’s written consent. A User may not use or otherwise
export, or re-export, this Web site or its Content pursuant to the export
control laws and regulations of the United States of America. Any unauthorized
use of this Web site or its Content is expressly prohibited.
D) Any printouts, reports, and presentations either using or referencing
content from the Web site shall contain the following copyright notice:
Copyright ? 2005, Access Confidential, ALL RIGHTS RESERVED.
Warranties/Limitation of Liability:
A) Due to the number of sources from which the Provider obtains its information
and the hazards of electronic distribution and the Internet, the Provider
does not warrant that its Web site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. Neither
does the Provider warrant that the Content available on or through
its Web site will be correct, accurate, timely, or otherwise reliable.
The Provider reserves the right to make improvements and/or changes
to its Content at any time.
B) THE WEB SITE IS PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS.
THE PROVIDER AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO
NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION
AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF. NEITHER THE PROVIDER
NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE
SUBSCRIBER, ITS USERS 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 THE WEB
SITE AND ANY NEWS AND INFORMATION THROUGH THE WEB SITE. IN NO EVENT WILL
THE PROVIDER, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE USER
OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE USER IN RELIANCE
ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER
AND ITS USERS AGREE THAT THE LIABILITY OF THE PROVIDER, ITS AFFILIATES,
AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
(WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), IN ANY WAY CONNECTED
WITH THE WEB SITE OR THE INFORMATION IN THE WEB SITE, SHALL NOT EXCEED
THE AMOUNT THE SUBSCRIBER PAID TO THE PROVIDER FOR USE OF THE WEB SITE.
Links:
The Web site contains links to other related Internet sites and resources.
The Provider is not responsible for the availability, contents, products
or services of these third party Internet sites and resources. The
Provider’s inclusion of links to third party Internet sites and
resources does not, in any manner, imply the Provider’s endorsement
of the linked Internet sites’ opinions or beliefs. When accessing
any third party Internet site via a link on the Web site, the subscriber
is doing so at its own risk.
Submissions:
The Subscriber and its Users hereby grant the Provider a worldwide, royalty-free
license to any and all materials submitted to the Provider, including,
but not limited to, data, information, ideas, suggestions, and concepts.
The Provider shall be entitled to use the said materials for any type
of use. When submitting materials to the Provider, the Subscriber and
its Users agree that the Provider has the right to publish the material
for any type of use as listed above, including, but not limited to,
promotional and advertising purposes.
Privacy:
Registration data and any other User information are subject to the Provider’s
Privacy Policy [x]. By subscribing to the Web site, any User outside
the United States consents to registration data and any other information
being delivered to the United States.
Indemnification:
The Subscriber and its Users hereby fully and effectively agree to indemnify,
defend, and hold harmless the Provider, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the Web site from and against all claims, losses, expenses, damages,
demands, liabilities and expenses, including reasonable attorney’s
fees, resulting from any violations of these Terms of Use by the User.
Governing Law and Jurisdiction:
The Provider’s Terms of Use are governed by and construed in accordance
with the laws of the State of Virginia. Any action arising from, or relating
to, these Terms of Use shall be filed only in state or federal courts
located in Virginia, and the Subscriber hereby consents and submits to
the personal jurisdiction of such courts for the purpose of litigating
any such action.
Official correspondence must be sent via postal mail to: Access Confidential,
23 West Broad Street, Suite 401, Richmond, Virginia 23220.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND
BY ALL OF ITS TERMS.
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