BEFORE YOU CLICK ON THE "I AGREE" CHECK-BOX PLEASE READ
THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING
TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://www.wbdoyle.com ("Site") is
provided by http://www.wbdoyle.com . Your access to and use of the Site is governed by this
Subscriber Agreement ("Agreement"). As used in this Agreement, "," "we," "us'" or "our" refers to
http://www.wbdoyle.com , and
"you" or "your" refers to you, the user of the Site. The Agreement below is the
agreement you consented to upon subscribing to the site. The Agreement does not
apply to use of the publicly available Web Site maintained by http://www.wbdoyle.com .
1. Access and Passwords
As part of the subscription process for this Site, you
have selected or been assigned a particular username and password in accordance
with http://www.wbdoyle.com 's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY
INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD.
You agree that all actions taken by you, or any other user that accesses the
Site using your username and password, at or through the Site will be attributed
to and legally bind you, even with respect to acts for which the user had no
actual authority or made an error. You assume all resulting liability from use
of the Site and any services available on it by you or others using your
username or password. If you lose your username or password, please contact us
at: support@wbdoyle.com, or William B. Doyle, PSC 303 Box 48, APO AP 96205-0048, USA.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted
on our site. Your subscription will continue and renew automatically, unless
terminated by http://www.wbdoyle.com or until you notify http://www.wbdoyle.com by
email or as designated
on the Site of your decision to terminate your subscription. If there are any
annual, monthly, or similar periodic fees for your subscription, these fees will
be billed automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to http://www.wbdoyle.com ,
at the start of the annual, monthly, or similar period, and at the start of each
renewal period, unless you terminate your subscription before the relevant
period begins. You agree to pay or have paid all fees and charges incurred in
connection with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges were incurred. All
fees and charges are nonrefundable. http://www.wbdoyle.com may change the fees and
charges then in effect, or add new fees or charges, by giving you notice in
advance. All fees and charges incurred in connection with your http://www.wbdoyle.com username and password will be billed to the credit card designated during the
registration process for the Site or subsequently designated by you to http://www.wbdoyle.com . If you want to designate a different card or there is a
change in credit card validity or expiration date, or if you believe someone has
accessed the Site using your username and password without your authorization,
you may email us at support@wbdoyle.com, or William B. Doyle, PSC 303 Box 48, APO AP 96205-0048, USA. You are also responsible for any
fees or charges incurred to access the Site through an Internet service provider
or other third party service. YOU, AND NOT http://www.wbdoyle.com , ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY
A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news
groups, forums, and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with others. You agree to use
the Communication Services only to submit or post messages and material that are
proper and, when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting through
http://www.wbdoyle.com any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. Content that consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam" is prohibited. You may not use a false email or
postal address, impersonate any person or entity, or otherwise mislead as to the
origin of your posted content.
Any opinions, advice, statements, services, offers, or
other information that constitutes part of the content expressed or made
available by third parties are those of the respective authors or distributors
and not of http://www.wbdoyle.com nor its affiliates, not any of their officers,
directors, employees, or agents. You acknowledge that http://www.wbdoyle.com does
not pre-screen all content, but that http://www.wbdoyle.com and its designees
shall have the right (but not the obligation) in their sole discretion to refuse
or move any content that is made available via the Communication Services.
Without limiting the foregoing, http://www.wbdoyle.com and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable. You specifically
agree that http://www.wbdoyle.com is not responsible for any content sent using and/or
included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of http://www.wbdoyle.com (or material that other suppliers have licensed to http://www.wbdoyle.com
for their use) which is protected by copyright and
other laws respecting proprietary rights. http://www.wbdoyle.com retains all
rights in the material and media, including (without limitation) all copyright
and other proprietary rights worldwide in all media. You may not use http://www.wbdoyle.com except as expressly
permitted under this Agreement and under U.S. copyright laws. Any routine and/or
systematic redistribution of any portion of the products licensed herein is
expressly prohibited.
End users who are duly authorized may Access http://www.wbdoyle.com for
individual use, i.e., may view the information on screen; may download small
portions of the information to a computer disk for personal convenience and
later reference; and may print paper copies of small portions for personal use
only.
The rights granted here are an expansion of the rights
granted under the Copyright Act and do not include any rights to reproduce in
its entirety any portion of the information or materials contained therein. No
part of the information may be duplicated in any medium or format beyond the
express terms of this Agreement without prior written authorization from http://www.wbdoyle.com .
Any use not authorized by the Agreement is prohibited and is not a fair use
under the U.S. copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause http://www.wbdoyle.com
and/or http://www.wbdoyle.com ’s suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be enforced by http://www.wbdoyle.com , and/or any of http://www.wbdoyle.com ’s suppliers, by means of equitable relief (including, but
not limited to, injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the licensed materials may
enforce its rights against you, even though that supplier is not a party to the
Agreement.
You may not and may not permit others to: reproduce,
publish, distribute, sell, or otherwise access or use any material retrieved
from or contained in or on this Site in any manner whatsoever that may infringe
any copyright or proprietary interest of http://www.wbdoyle.com ; distribute the information
contained in and/on this Site to other users not duly authorized to Access the
Site; distribute, rent, sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or
information contained in or on this Site or any software contained therein, or
alter, translate, modify, or adapt it to create derivative works. Unauthorized
reproduction, transfer, and/or use may be a violation of criminal as well as
civil law.
You are expressly prohibited from placing or installing
any portion of the information on any electronic media, including, but not
limited to, local or wide area networks, timesharing services, multiple
processing units, multiple site arrangements, service or software rental
bureaus, list servers, online services, electronic bulletin boards or forums,
World Wide Web sites or any other server that is Internet-enabled, without
written authorization by http://www.wbdoyle.com .
If you breach any provision of this Agreement, http://www.wbdoyle.com may
immediately terminate this Agreement and all licenses granted hereunder without
prior notice and in addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including
but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other
applications that are capable of copying large portions of content from the
Site. http://www.wbdoyle.com
can detect the use of these systems through live logfile analysis and will ban
any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the
robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban any
offenders. If you are using a robot/crawler to check http://www.wbdoyle.com links,
it must operate
according to the robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to
interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large
load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating
specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by http://www.wbdoyle.com , or attempt or access any area of the Site to
which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any
source code relating the Site, except to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by http://www.wbdoyle.com . While we use commercially reasonable efforts to provide
accurate information, http://www.wbdoyle.com gives no warranty as to the accuracy
of the database and other content on the Site. http://www.wbdoyle.com reserves the right
to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
http://www.wbdoyle.com does not endorse the content on any
third-party Web site, including Web sites of http://www.wbdoyle.com 's affiliates
("Third-Party Sites"). http://www.wbdoyle.com is not responsible for the content
of Third-Party Sites that you reach through links on the Site, sites framed
within the Site, or third-party advertisements on the Site, and we do not make
any representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for
such sites. Any transaction that you conduct at a Third-Party site will be
between you and the party providing that Web site. This means that http://www.wbdoyle.com is not your
agent and is not a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to http://www.wbdoyle.com that: (a) you possess the
legal right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you will be responsible
for all use of your username and password even if such use was conducted without
your authority or permission; (d) you are at least 18 years old; and (e) you
will not use the Site for any purpose that is unlawful or prohibited by this
Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR
FOUND WITHIN THIS SITE BY http://www.wbdoyle.com AND ITS AFFILIATES ARE PROVIDED
"AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND http://www.wbdoyle.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, http://www.wbdoyle.com DOES NOT MAKE ANY
WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY
PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT
IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d)
FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND
CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS;
OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL http://www.wbdoyle.com OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE
LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF
WARRANTY, AND EVEN IF http://www.wbdoyle.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL http://www.wbdoyle.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE
TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY http://www.wbdoyle.com FROM YOU FOR ACCESS TO THE SITE
AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR
CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any damages in
connection with your breach of this Agreement. You may not settle any dispute
without our prior consent, which may only be given in a non-electronic writing
signed by an authorized representative of http://www.wbdoyle.com .
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our
option, be conducted electronically, including any that we are otherwise
required to provide in "writing". For example, we may send you notices via
postings at the Site or via email to any email address that you provide to us
during registration as a Site member. If you do not wish to deal with us
electronically, you should not use the Site or enter into this Agreement. If
applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any
amendment from time to time) and retain it in your records. You also agree to
make a copy of any other information that we deliver to you in writing.
16. Termination
http://www.wbdoyle.com may terminate your subscription
and/or access, or suspend access to all or part of the Site, without notice, for
any conduct that http://www.wbdoyle.com , in its sole discretion, believes is in
violation of this Agreement, any applicable law, or any act which is harmful to
the interests of another user, service provider, or http://www.wbdoyle.com . http://www.wbdoyle.com
may also elect not to renew your subscription and access by providing a notice
of nonrenewal prior to the end of your current subscription term. Applicable
sections of this agreement will survive any termination or expiration of this
Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of http://www.wbdoyle.com in a
non-electronic record, and any assignment without http://www.wbdoyle.com's
consent will be voidable at http://www.wbdoyle.com's option. This Agreement will inure to the
benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Ohio,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate http://www.wbdoyle.com and/or its affiliates' intellectual property rights, http://www.wbdoyle.com
and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Ohio, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator in the
following location: Cincinnati, Ohio. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: support@wbdoyle.com , under the rules
of the American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
http://www.wbdoyle.com may change the provisions of this
Agreement. When http://www.wbdoyle.com changes the terms of this Agreement,
http://www.wbdoyle.com will
notify you by email or online postings on this Site. The changes will also
appear in this document, which you can access any time. You already agreed to be
bound by the changes when you first subscribed to the site. If you do not agree
to be bound by the changes, you should not use the Site again and you should
cancel your subscription to the Site. Even if you have not clicked on the "I
Agree" button or checked the I agree box when subscribing, if you use the Site
after you have been notified of a change to this Agreement, you are agreeing now
to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its subject matter
and supercedes all prior and contemporaneous communications between the parties.
No term of this Agreement may be waived by http://www.wbdoyle.com except in a
signed, non-electronic writing signed by an authorized representative of http://www.wbdoyle.com .
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided that the allocation of
risks described herein is given effect to the fullest extent possible. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that no
joint venture, partnership, employment or agency relationship exists between you
and http://www.wbdoyle.com or its affiliates as a result of this Agreement or your use of the
Site.
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