MASS TECH COMMUNICATIONS, INC. DATABASE END-USER LICENSE AGREEMENTThis Database End-User License Agreement ("Agreement") governs your use of the Mass High Tech Directory Database ("Database") produced by Mass Tech Communication, Inc. ("Service Provider"). You can access this Agreement at any time from the bottom of any page of the Database.
The following rules may be modified from time to time; notice of revisions to this Agreement will be made on this page. Continued use of the Database by you will constitute your acceptance of any changes or revisions to this Agreement, so itï¿½s wise to check this page regularly.
Your failure to follow the Service Providerï¿½s rules, whether listed below or in supplemental notices posted at various points in the Database, may result in termination of your access to the Database, without notice, in addition to Service Providerï¿½s other remedies.
1. Registration and Account Creation. You may be required to provide Service Provider with certain registration information. You agree and represent that all registration information provided by you is accurate and up to date. If any of your registration information changes, you must update it by e-mailing our Help Center.
2. Fees and Payment. Service Provider may charge you fees for access to portions of the Database or for the Database as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Database by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as ï¿½Feesï¿½). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you, pursuant to the notice procedure described below.
If you submit your credit card information to Service Provider upon registration, you give Service Provider permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
3. Use of Password. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your Service Provider account including, but not limited to, use of the account by any person who uses your subscriber ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Database), you must promptly notify Service Provider of the problem, by e-mailing our Help Center.
4. License Grant. Service Provider hereby grants to you and you accept a limited, non-exclusive, non-transferable license to use the portion of the Database that you pay for and download from this Web site solely for your own personal or internal business use. You agree not to compile a list of e-mail addresses from the Database for mass marketing purposes. You agree not to make copies of the Database or to use the Database on a network. If you wish to have concurrent use of the Database you must request a multi-user license from Service Provider. You agree that you will not transfer or sub-license or resell all or any part of the Database. You agree that you will not provide access to the Database or the software or information contained in the Database to any other person or entity, in any way, including but not limited to media, passwords or access codes.
5. Term. This license agreement commences on the day you receive the e-mail notification of your Subscriber ID and Password to access the Database. In the event you breach any provision of this agreement, this agreement will automatically terminate in the event you do not cure such breach within three (3) days after such breach.
6. Service Provider's Rights. You acknowledge that the Database is the sole and exclusive property of Service Provider. By accepting this license you do not become the owner of all or any part of the Database. You agree not to modify or reverse engineer any software received hereunder. You further agree not to assign this agreement to any person or entity without the prior written consent of Service Provider. You agree that you will use your best efforts and take all reasonable steps to protect the Database from unauthorized reproduction, publication, disclosure or distribution. You agree to promptly provide Service Provider with written notice of any unauthorized reproduction, publication, disclosure or distribution.
7. Limited Warranty. In the event of a defect in the operation of the Database resulting from a downloading error, you must contact Service Provider by visiting our Help Center. within three (3) days after your receive the Database in order to receive a replacement download without charge. EXCEPT FOR THE WARRANTY DESCRIBED IN THIS PARAGRAPH, THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. SERVICE PROVIDER DOES NOT WARRANT THAT THE DATABASE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE DATABASE WILL BE UNINTERRUPTED OR ERROR FREE.
8. Disclaimer. SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY OR CORRECTNESS OF THE INFORMATION IN THE DATABASE. SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY TO ANY PARTY FOR ANY LOSS OR DAMAGE CAUSED BY SERVICE PROVIDER OR BY ERRORS OR OMISSIONS IN THE DATABASE. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR YOUR LOST PROFIT OR SALES, BUSINESS INTERRUPTION OR LOSS OF DATA OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL SERVICE PROVIDER'S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY, UNDER ANY REMEDY OR THEORY OF LAW, EXCEED THE TOTAL AMOUNT PAID TO SERVICE PROVIDER BY YOU FOR THE USE OF THE DATABASE.
9. Termination of Access to Database. Service Provider has the right to terminate your ability to access the Database, for any reason, without notice.
10. Access Outside the United States. Service Provider does not represent that materials and content on the Database are appropriate or available for use in countries outside the United States. If you choose to use the Database from outside the United States you are solely responsible for compliance with foreign and local laws.
11. Jurisdiction. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, New York. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.
12. Force Majeure. Service Provider shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
If you don't agree to the terms contained in this Agreement, please exit the Database, by clicking the Back button on your browser to return to the previous page. Click below to agree.
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