SHOOTonline.com Subscription and Licensing Agreement
BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.
Please read the following terms and conditions carefully before completing the enrollment process and agreeing to this Agreement. The Agreement sets forth the terms and conditions on which DCA Business Media LLC (dba "SHOOTonline.com") will furnish you ("SUBSCRIBER") a limited non-exclusive, non-assignable license to access to SHOOTonline.com's Online Services electronic database and/or print publication subscription service, (collectively the "SERVICE") as the same now exists or is hereafter modified. By completing this enrollment process, you agree to be bound by the terms and conditions set forth herein, including but not limited to the payment terms and limitations on the use of the SERVICE data.
1. Ownership and Use
Information received by SUBSCRIBER from the SERVICE is provided solely for the use of the SUBSCRIBER. Unless separately and specifically licensed to do so in writing by SHOOTonline.com, SUBSCRIBER agrees not to re-transmit, disclose or distribute any of the information received from the SERVICE, to any other person, organization or entity. SUBSCRIBER expressly agrees that the SERVICE shall be used solely for the benefit of the SUBSCRIBER and data derived from the SERVICE (including print publications, if applicable) shall not be redistributed by SUBSCRIBER. SUBSCRIBER acknowledges that all editorial information including but not limited to news, stories, listings and directory information, are the exclusive property of SHOOTonline.com or of third-party partners which have agreed to furnish such information to the SERVICE, and are fully protected by copyright law, including United States copyright laws and the copyright laws of other countries. SUBSCRIBER may use the information in the SERVICE under the following terms. SERVICE grants to SUBSCRIBER a personal, non-transferable license to use the data contained in the SERVICE for research, planning and marketing related purposes. SUBSCRIBER may not use the information for development of data-related products or services, the creation of any database product, or for data provision services.
2. Fees and Payment
SUBSCRIBER agrees to make periodic payments in consideration for the SERVICE. SUBSCRIBER agrees that the length of the period they chose has been determined by the subscription plan they agreed to during the sign-up process. The periodic fees will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes will be payable by SUBSCRIBER, and may be included in each periodic statement. SUBSCRIBER'S use of the SERVICE will be subject to credit limits established for SUBSCRIBER'S credit card by the issuer of such card. Notwithstanding any provision herein to the contrary, the interest charged under the terms of this Agreement shall never exceed the maximum rate permitted by applicable law. A copy of the rate schedule is available by emailing firstname.lastname@example.org, or by calling 1-203-227-1699. SHOOTonline.com reserves the right to change the amount of the periodic fees and/or the method in which these fees are billed to SUBSCRIBER at anytime upon notice to SUBSCRIBER (notice shall be deemed given when such changes are posted on SERVICE). It is understood and agreed that the features of the SERVICE are subject to change without notice to SUBSCRIBER. By completing the enrollment process, SUBSCRIBER acknowledges understanding that periodic charges will be billed to SUBSCRIBER'S credit card. SUBSCRIBER also acknowledges understanding that SUBSCRIBER will be billed continually in consideration of each period until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate subscription to SERVICE at any time by emailing info@SHOOTonline.com, or by calling 1-203-227-1699. Upon receipt of a termination request, SHOOTonline.com shall email confirmation of cancellation to SUBSCRIBER. The SERVICE shall be deemed terminated on the last day of the then in effect subscription period. SUBSCRIBER agrees that the subscription fee is non-refundable once paid.
3. Unauthorized Use
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and any data derived therefrom) may result in immediate termination of the Agreement, without refund of any pre-paid fees. SUBSCRIBER represents and warrants that the information provided during the subscription process is true and accurate. SHOOTonline reserves the right to terminate SUBSCRIBER's access to the SERVICE in the event that SUBSCRIBER provides any false information to SHOOTonline.com as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which SHOOTonline.com may be entitled.
4. Password Disclosure
SUBSCRIBER shall select a unique password to obtain access to the SERVICE. SUBSCRIBER shall be solely responsible for the confidentiality and use of the SERVICE using SUBSCRIBER's user name and password. SUBSCRIBER shall be solely responsible for any and all activity, including without limitation, any and all charges incurred by a third party under SUBSCRIBER's user name and password. SUBSCRIBER shall not share the username and ID with any third party, and SUBSCRIBER will provide SHOOTonline.com with accurate, complete registration information (including in particular SUBSCRIBER's e-mail address) and inform SHOOTonline.com of any changes to such information. If at any time SUBSCRIBER should learn or suspect that SUBSCRIBER'S password has been obtained by a person not authorized by SUBSCRIBER to use it, SUBSCRIBER agrees to immediately notify Customer Service at 1-203-227-1699 and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, SHOOTonline.com will assign a new password to SUBSCRIBER without charge.
5. Delays in SERVICE
Neither SHOOTonline.com, nor its respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. SHOOTonline.com will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE.
This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, the periodic access/subscription fees, per-article charges (if any), and per-report charges (if any) paid by SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment for access, the advance payment paid by SUBSCRIBER is non-refundable, regardless of the reason for cancellation. SHOOTonline.com reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement. This Agreement is not assignable by SUBSCRIBER unless such assignment is agreed to in writing by SHOOTonline.com. There shall be no amendment or modification of this Agreement unless the same is in writing and signed by the Product Manager of the SERVICE.
SUBSCRIBER acknowledges and agrees that SHOOTonline.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through the SERVICE. SHOOTonline.com, at its sole discretion and without notice to SUBSCRIBER, may review, censor or prohibit the transmission or receipt of any information which SHOOTonline.com deems inappropriate.
SUBSCRIBER shall provide all telephone, modem, internet connection, intranet connection, extranet connection and other equipment necessary to access the SERVICE via SUBSCRIBER'S personal computer and the costs of any such equipment and telephone connections or use, including any applicable taxes, shall be borne by SUBSCRIBER.
9. Disclaimer Of Warranty
(a) SUBSCRIBER acknowledges that all information and services provided in connection with the SERVICE is compiled from and distributed by sources which are often beyond the control of SHOOTonline.com, and it is understood and agreed that SHOOTonline.com makes no warranty, expressed or implied, with respect to the information provided to SUBSCRIBER by the SERVICE. SHOOTonline.com also makes no warranty of the continuous availability of the SERVICE. SUBSCRIBER, under this Agreement, assumes the risk of errors and/or omissions in the information provided, and in its transmission or translation.
SUBSCRIBER ACKNOWLEDGES THAT NO WARRANTIES, AGREEMENTS, OR REPRESENTATIONS TO THE CONTRARY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE AND NO WARRANTIES EXIST EXCEPT AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER AGREES THAT SHOOTONLINE.COM SHALL NOT IN ANY EVENT BE LIABLE FOR INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, COMPENSATORY OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE.
(b) SHOOTONLINE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES AND/OR PROGRAMS PROVIDED BY SHOOTONLINE.COM TO SUBSCRIBER WILL BE ERROR FREE, OR WILL MEET SUBSCRIBER'S REQUIREMENTS OR ARE SUITABLE FOR SUBSCRIBER'S NEEDS.
(c) WHILE EVERY REASONABLE EFFORT HAS BEEN MADE TO OBTAIN ACCURATE AND UP-TO-DATE INFORMATION, SHOOTONLINE.COM ASSUMES NO LIABILITY FOR INACCURACIES. SHOOTONLINE.COM RESERVES THE RIGHT TO EDIT ANY SERVICES CONTENT BASED ON EDITORIAL JUDGEMENT.
(d) SUBSCRIBER ACKNOWLEDGES AND AGREES THAT SHOOTONLINE.COM WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES ARE PASSED THROUGH THE SERVICE. HOWEVER, SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAMS WITH A SIMILAR FUNCTION. The provisions of this Section 9 shall survive termination of this agreement.
10. LIMITATIONS OF LIABILITY, INDEMNITY
Notwithstanding the enforceability or non-enforceability of any other provision of this agreement, company and SUBSCRIBER hereby agree that SHOOTonline.com's maximum aggregate liability to SUBSCRIBER for any claims arising from or related to this agreement, whether in contract, tort or otherwise, shall be limited in an amount equal to (a) $250.00, or (b) ten percent (10%) of all sums paid by SUBSCRIBER to company under this agreement; whichever is greater. This provision shall survive termination of this agreement.
Upon SHOOTonline.com's request, SUBSCRIBER shall defend, indemnify and hold SHOOTonline.com harmless from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by SUBSCRIBER or SUBSCRIBER's use of the SERVICE.
11. Agreement Governs
It is understood and agreed by and between the parties that if there is any conflict between this Agreement and SUBSCRIBER'S purchase order or any other document not signed by SHOOTonline.com, this Agreement will govern.
12. Governing Law
This Agreement shall be governed by the substantive laws of the State of Connecticut applicable to contracts made and performed in the State of Connecticut. Any action or proceeding arising under this Agreement shall be commenced exclusively in either the courts of the State of Connecticut situated in the County of Fairfield or in the United States District Court for the Southern District of Connecticut; and such action or proceeding must be commenced no later than one year after the accrual of the claim giving rise therein.
13. Recovery of Fees
SUBSCRIBER agrees that if Company takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from SUBSCRIBER (and SUBSCRIBER agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
14. Entire Agreement
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