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YOUR
USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE
TERMS AND CONDITIONS. |
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This
Web site (the Web Site) is a service made available by Data Management
Resources (Provider) and all content, information and software provided
on and through the Web Site (Content) may be used solely under the
following terms and conditions (Terms of Use) and privacy
policy (Privacy Policy). |
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| 1. |
Web
Site License. As a user of this Web Site you are granted
a nonexclusive, nontransferable, revocable, limited license
to access and use the Web Site and Content in accordance with
these Terms of Use. Provider may terminate this license at any
time for any reason.
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| 2. |
Limitations
on Use. The Content on this Web Site is for personal use
only and not for commercial exploitation. You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell, sublicense,
or create derivative works from the Web Site or the Content.
Nor may you use any network monitoring or discovery software
to determine the site architecture, or extract information about
usage or users. You may not use any robot, spider, other automatic
device, or manual process to monitor or copy our Web Site or
the Content without Provider's prior written permission. You
may not copy, modify, reproduce, republish, distribute, display,
or transmit for commercial, non-profit or public purposes all
or any portion of the Web Site, except to the extent permitted
above. You may not use or otherwise export or re-export the
Web Site or any portion thereof, the Content or any software
available on or through the Web Site in violation of the export
control laws and regulations of the United States of America.
Any unauthorized use of the Web Site or its Content is prohibited.
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| 3. |
Disclaimer/
Not Legal Advice. Content contained on or made available
through the Web Site is not intended to and does not constitute
legal advice and no attorney-client relationship is formed,
nor is anything submitted to this Web Site treated as confidential,
except with regard to information submitted for the purposes
of registration as noted under Item 8 of this Terms of Service
Agreement. The accuracy, completeness, adequacy or currency
of the Content is not warranted or guaranteed. Your use of information
on the Web Site or materials linked from the Web Site is at
your own risk.
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| 4. |
Intellectual
Property Rights. You acknowledge that (1) the Software permits
access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Rights"), and (2) that these Rights are valid and
protected in all media existing now or later developed, and
(3) except as is explicitly provided otherwise, your use of
Content shall be governed by applicable copyright and other
intellectual property laws. You may upload to the server on
which the Software is installed only Content that is not subject
to any Rights, or Content in which any holder of Rights has
given express authorization for distribution, display or storage
on the server on which the Software is installed. You represent
that you have the right to upload any files that you upload
to the server on which the Software is installed, without any
restriction whatsoever, and in respect of which any moral rights
of any person or entity have been completely and irrevocably
waived. Any copyrighted Content submitted with the consent of
a copyright owner other than you must contain a phrase such
as "Copyright owned by [name of owner]; Used by Permission."
The unauthorized submission of copyright or Content which is
otherwise subject of any third party Rights constitutes a breach
of these Terms of Service. You also agree to use the Content
only as expressly authorized by an authorized party of Data
Management Resources (the Administrator) (to the extent permitted
by the Administrators) and may not copy, reproduce, distribute
or create derivative works from the Content without the express
prior authorization of the Provider. Except as expressly provided
in these Terms of Use, nothing contained herein shall be construed
as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other intellectual property
rights. You agree that the Content and Web Site is protected
by copyrights, trademarks, service
marks, patents or other proprietary rights and laws.
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| 5. |
Digital
Millennium Copyright Act Notification of Alleged Copyright Infringement.
Provider has registered an agent with the United States
Copyright Office in accordance with the terms of the Digital
Millennium Copyright Act (the "Act") and avails itself
of the protections under the Act. Provider reserves the right
to remove any Content or links that allegedly infringe another
person's copyright. Notices to Provider regarding any alleged
copyright infringement should be directed to the JurisPacific's
counsel at: J. Feldsted, 100 Wilshire Blvd., Suite 1300, Santa
Monica, CA 90401.
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| 6. |
Linking
to the Web Site. You may provide links only to the homepage
of this Web Site, provided (a) you do not remove or obscure,
by framing or otherwise, any portion of the homepage, (b) you
give Provider's counsel notice of such link by sending written
notice to the address noted in item 5;and (c) you discontinue
providing links to this Web Site if requested by Provider.
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| 7. |
Advertisers.
This Web Site may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Web Site is accurate and complies with
applicable laws. Provider will not be responsible for the illegality
of or any error or inaccuracy in advertisers' or sponsors' materials,
and makes no guarantees, warranties or representations therein.
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| 8. |
Registration.
Certain sections of this Web Site require you to register either
for a single or multi user license. If registration is requested,
you agree to provide Provider with accurate, complete registration
information. It is your responsibility to inform Provider of
any changes to that information. Each registration is for a
single person only, unless specifically designated otherwise
on the registration page. Provider does not permit a) any other
person using the registered sections under your name; or b)
access through a single name being made available to multiple
users on a network, other than the provisions provided for in
the applicable license agreement. You are responsible for preventing
such unauthorized use.
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| 9. |
Errors.
Provider does not represent or warrant that the Web Site will
be error-free, free of viruses or other harmful components,
or that defects will be corrected. Provider does not warrant
or represent that the information available on or through the
Web Site will be correct, accurate, timely, or otherwise reliable.
Provider may make improvements and/or changes to its features,
functionality or Content at any time.
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| 10. |
Third
Party Content. Third party content may appear on this Web
Site or may be accessible via links from this Web Site. Provider
is not responsible for and assumes no liability for any mistakes,
misstatements of law, defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content contained
in any third party content appearing on the Web Site. You understand
that the information and opinions in the third party content
is neither endorsed by nor does it reflect the belief of Provider.
You understand and agree that any Content and/or data downloaded
or otherwise obtained through the use of the software is done
at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of
data that results from the download of such material and/or
data.
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| 11. |
DISCLAIMER.
THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING
OUT OF OR ANY WAY RELATED TO BUT NOT LIMITED TO (A) ANY ERRORS
IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING
BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY
OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING
BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C)
THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D)
YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT
OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
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| 12. |
LIMITATION
OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS,
INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS'
FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED,
PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED
TO ONE HUNDRED DOLLARS ($100.00). YOU SHALL NOT HAVE ANY REMEDY
OF INJUNCTIVE RELIEF, BY AGREEING TO THE TERMS OF THIS AGREEMENT,
YOU WAIVE ALL YOUR EQUITABLE REMEDIES.
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| 13. |
Unlawful
Activity. Provider reserves the right to investigate complaints
or reported violations of the Terms of Use and to take any action
we deem appropriate including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted materials,
IP addresses and traffic information.
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| 14. |
Remedies
for Violations. Provider reserves the right to seek all
remedies available at law and in equity for violations of these
Terms of Use, including but not limited to the right to block
access from a particular Internet address to the Provider's
Web sites and their features.
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| 15. |
Governing
Law and Jurisdiction. The Terms of Use are governed by and
construed in accordance with the laws of Guam and the United
States of America.
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| 16. |
Privacy.
Your use of the Web Site is subject to Provider's Privacy
Policy, available through this web site and link.
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| 17. |
Severability.
These Terms of Use incorporate by reference any notices contained
on the Web Site, the Privacy Policy, the registration form and
any Data Management Resources license agreement and constitute
the entire agreement with respect to access to and use of the
Web Site. If any provision of these Terms of Use is unlawful,
void or unenforceable, or conflicts with another related agreement
then that provision shall be deemed severable from the remaining
provisions and shall not affect their validity and enforceability.
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| 18. |
Modifications
to Terms of Use. Provider reserves the right to change these
Terms of Use at any time. Updated versions of the Terms of Use
will appear on this Web Site and are effective immediately.
You are responsible for regularly reviewing the Terms of Use.
Continued use of the Web Site after any such changes constitutes
your consent and acceptance to such changes.
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| 19. |
Termination
by Provider. You agree that the Provider may terminate your
password, account or use of the Software at its sole discretion
at any time without notice if the Provider believes (a) that
you have violated or acted inconsistently with the letter or
spirit of the Terms of Use; or (b) that you have violated the
rights of the Provider or other users or parties. Any such termination
of service shall not relieve you of your responsibilities to
pay all charges and fees due to JurisPacific, including an early
termination fee of $250 and repayment to JurisPacific of any
and all incentives and discounts if you have not completed any
required service commitments periods. |
| 20. |
Termination
by You. You may request termination of service by giving
JurisPacific written notice thirty (30) days prior to the date
of termination. You will be responsible for all charges to all
usernames and passwords assigned to you through the termination
date. If you chose to terminate your service prior to the expiration
of your service commitment period, you will be charged an early
termination fee of $250 and you will be charged with repayment
to JurisPacific of any and all incentives and discounts if you
have not completed any required service commitments periods.
JurisPacific will refund any prepaid fees after applying any
applicable early termination fee and repayment of incentives
and discounts against the amount of the prepayments. Such refunds
will be paid within sixty (60) days of termination of service. |
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