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| Subscription Agreement |
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The terms of this Agreement and all operating rules published over the Service constitute the entire agreement (collectively the "Agreement") between Accuity you ("Subscriber") with respect to the Service.
- Accuity may change the terms of the Agreement including, without limitation, the fees for the Service or for any information products on the Service at any time upon notice published over the Service. You may review the Agreement applicable to your then current use by clicking the "Agreement" button on the home page. You should click "Agreement" each time you access the Service to review a copy of the current Agreement. By using the Service after any change to the Agreement is posted on the Service you will be deemed to be bound by all of such changes.
- Accuity may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice.
- In no event shall Accuity be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. Accuity does not guarantee the uptime of the Services.
- COPYRIGHT. All information available through the Service is protected by copyright or other intellectual property laws. You may display and print information obtained through the Service solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service to anyone, without the express written consent of Accuity. You agree to keep your unique password and userid to yourself, for your own business use. Any sharing of your password and userid is strictly prohibited by this agreement, and could result in the termination of your subscription and further legal actions as provided and protected by United States copyright laws. You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose.
- LIMITATION OF USE Subscriber is authorized to use the SERVICE to search, save, and display, print and copy information for Subscriber's own internal business purposes only.
Subscriber recognizes that the SERVICE is accessible via the public Internet with an individual password. The password assigned to Subscriber shall be given to the individual who receives the print subscription to Asset Securitization Directory and is for individual use only and shall not be used by another person.
In no event should the Service be used by someone else other than the subscriber or by the subscriber in place of Asset Securitization Directory or any product or service currently provided by Accuity such that the preexisting service is canceled.
Any use of the SERVICE not expressly authorized in this Agreement is strictly prohibited. Without limiting the generality of the foregoing, Subscriber is expressly prohibited from (i) sublicensing or reselling the SERVICE; (ii) using or allowing third parties to use the SERVICE for the purpose of compiling, enhancing, verifying, supplementing, adding to or deleting from any mailing list, geographic or trade directories, business directories or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party; (iii) using the SERVICE in any product or service not specifically authorized in the Agreement; or (iv) disassembling, decompiling, reverse engineering, modifying or otherwise altering the SERVICE or any part thereof.
- NETWORK SECURITY. Violations of this agreement include, but are not limited to, any attempt to avoid user authentication or security of any host, network or account. This includes accessing content that is not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing or ping flooding, among other measures, is strictly prohibited. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.
- Because of the possibility of human or mechanical error by Accuity or its licensors, neither Accuity or any of its licensors guarantee the accuracy, adequacy, completeness, currentness or noninfringement of the service or any information on the service and are not responsible for any errors or omissions, for the results obtained from the use of the service or such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the service. In no event will Accuity or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by Accuity shall be to terminate this agreement and obtain a refund of a pro-rata portion of any prepaid subscription fees based on the date of termination. The provisions of this section 5 will survive any termination of this agreement.
- Each Subscriber is responsible for all charges incurred and all statements, which are made while such Subscriber's Password or Username is being used. Each Subscriber is responsible for sales, use or similar taxes relating to the use of Asset Securitization Directory Online accessed through such Subscriber's Password or Username. All fees and other charges will be charged on an annual or other basis, as indicated on the Service, to the Subscriber's credit card registered by the Subscriber with Accuity. Your acceptance of this Agreement constitutes your authorization to make those charges. Subscribers must notify Accuity of all changes in the expiration date of the credit card being used.
- This Agreement is personal to you and you may not assign any of your rights or obligations under this Agreement to anyone. The Agreement constitutes the entire agreement between you and Accuity with respect to the Service and may be amended by notice by Accuity given on the Service as herein provided. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and New York State governing contracts to be wholly entered into and performed within New York State. The courts sitting in the State of New York, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.
Notice may be given by Accuity through the Service including,
without limitation, via e-mail or posting for access under "Agreement"
on the home page or by mail to the last address given by the Subscriber
to Accuity. Notice by a Subscriber shall be given to Asset
Securitization Directory Online Customer Service by e-mail to custserv.asdirectory@accuitysolutions.com,
by fax to (847) 676-9616 or by mail to Asset Securitization Directory
Online, Accuity, 4709 West Golf Rd-6th floor, Skokie, Illinois
60076. Notices shall be deemed given when posted on the Service or
on the recipient's e-mail or when received if sent by facsimile or
mail.
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