| GENERAL TERMS AND CONDITIONS FOR USE OF JTH SERVICES
Effective April 1, 1996
The following terms and conditions govern your use of the JTH
Enterprises services
(the "Online Services") and the materials available
therein ("Materials"):
1. LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, nontransferable, limited
license to access and use for research
purposes the Online Services and Materials from time to time made
available to you. This license
includes:
(a) The right to electronically display Materials retrieved from
the Online Services to no more than
one person at a time, subject to the Supplemental Terms for Specific
Materials;
(b) The right to obtain a printout of Materials via printing
commands of the Online Services and to
create a single printout of Materials downloaded via downloading
commands of the Online Services
(collectively, "Authorized Printouts");
(c) With respect to Materials that are court cases, court rules,
court briefs, agency-issued
documents, agency regulations or executive branch materials from the
United States, its states
or territories (collectively, "Authorized Legal
Materials"), the right to retrieve via downloading
commands of the Online Services and store in machine-readable form,
primarily for one person's
exclusive use, a single copy of insubstantial portions of those
Materials included in any individual
file to the extent the storage of those Materials is not further
limited or prohibited by the Supplemental
Terms for Specific Materials;
(d) With respect to Materials that are United States patents
("Authorized Patent Materials"), the
right to retrieve via downloading commands of the Online Services
and store in machine-readable
form, primarily for one person's exclusive use, a single copy of not
more than 200 patents at any one
time; and
(e) With respect to all Materials other than Authorized Legal
Materials and Authorized Patent
Materials, the right to retrieve via downloading commands of the
Online Services and store in
machine-readable form for no more than 90 days, primarily for one
person's exclusive use,
a single copy of insubstantial portions of those Materials included
in any individual file to the
extent the storage of those Materials is not further limited or
prohibited by the Supplemental
Terms for Specific Materials.
1.2 To the extent permitted by applicable copyright law and not
further limited or prohibited by the
Supplemental Terms for Specific Materials, you may make copies of
Authorized Printouts and
distribute Authorized Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2, you
are prohibited from downloading,
storing, reproducing, transmitting, displaying, copying,
distributing, or using Materials retrieved from
the Online Services. You may not print or download Materials without
using the printing or
downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and
other intellectual property rights) in the
Online Services and Materials (in both print and machine-readable
forms) belong to the provider of
the Online Services or its third party suppliers of materials. You
acquire no proprietary interest in the
Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the
Online Services or Materials retrieved
from the Online Services in any fashion that infringes the
copyrights or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other
notices contained in Materials
retrieved from the Online Services.
1.7 You may not use information included in the Online Services
or Materials retrieved from the Online
Services to determine a consumer's eligibility for (a) credit or
insurance for personal, family, or
household purposes; (b) employment; or (c) a government license or
benefit.
1.8 Other provisions that govern your use of Materials are set
forth in your applicable price schedule,
the Supplemental Terms for Specific Materials, online descriptions
of files, online notices following file
selection, and individual documents retrieved from the Online
Services (collectively, the "Additional
Terms"), all of which are incorporated by reference into these
General Terms and Conditions.
2. ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing organization
may access and use the Online Services.
2.2 You may not use an identification number to access the Online
Services from outside the country
for which it was issued.
2.3 Your identification number(s) may be restricted from
accessing certain Materials otherwise
available in the Online Services.
2.4 Materials and features may be added to or withdrawn from the
Online Services and the Online
Services otherwise changed without notice.
3. LIMITED WARRANTY
3.1 The provider of the Online Services represents and warrants
that it has the right and authority to
make the Online Services and Materials available pursuant to these
General Terms and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE
SERVICES
AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS AND THE
PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF
MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable for
any loss, injury, claim, liability, or
damage of any kind resulting in any way from (a) any errors in or
omissions from the Online
Services or any Materials available or not included therein, (b) the
unavailability or interruption
of the Online Services or any features thereof or any Materials, (c)
your use of the Online Services
or Materials (regardless of whether you received any assistance from
a Covered Party in using the
Online Services), (d) your use of any equipment in connection with
the Online Services, (e) the
content of Materials, or (f) any delay
or failure in performance beyond the reasonable control of a Covered
Party.
4.2 "Covered Party" means (a) the provider of the
Online Services, its affiliates, and any officer,
director, employee, subcontractor, agent, successor, or assign of
the provider of the Online
Services or its affiliates; and (b) each third party supplier of
Materials, their affiliates, and any
officer, director, employee, subcontractor, agent, successor, or
assign of any third party supplier
of Materials or any of their affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION
WITH
ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR
MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT
DAMAGES.
YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF
ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL,
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 ONLINE SERVICES,
MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
5. MISCELLANEOUS
5.1 These General Terms and Conditions, including the Additional
Terms, may be changed from
time to time as described below or by written agreement. Charges and
payment terms may be
changed in accordance with your applicable price schedule; all other
provisions may be changed
by the provider of the Online Services immediately upon notice. Your
subscription for access to
the Online Services may be terminated immediately upon notice to the
provider of the Online
Services if any change is unacceptable. Continued use of the Online
Services following any change
constitutes acceptance of the change.
5.2 The provider of the Online Services or the subscribing
organization may terminate the
subscription
for access to the Online Services. The effective date of termination
shall be ten days after the
receipt of an appropriate notice of termination, unless a later date
is specified in the notice. The
provider of the Online Services may suspend or discontinue providing
the Online Services to you
without notice and pursue any other remedy legally available to it
if you fail to comply with any of
your
obligations hereunder.
5.3 Except as otherwise provided herein, all notices and other
communications hereunder shall be
in writing or displayed electronically in the Online Services by the
provider thereof. Notices shall be
deemed to have been properly given on the date deposited in the U.S.
mails, if mailed; on the date
first
made available, if displayed in the Online Services; or on the date
received, if delivered in any other
manner. Notices to the provider of the Online Services should be
sent to your account representative.
5.4 The failure of the provider of the Online Services or any
third party supplier of Materials to enforce
any provision hereof shall not constitute or be construed as a
waiver of such provision or of the right
to enforce it at a later time.
5.5 The subscribing organization or individual may not assign its
rights or delegate its duties under the
subscription to access the Online Services without the prior written
consent of the provider of the
Online Services.
5.6 These General Terms and Conditions and the Additional Terms
shall be governed by and
construed
in accordance with the laws of the State of Ohio.
5.7 Each third party supplier of Materials has the right to
assert and enforce these provisions directly
on
its own behalf as a third party beneficiary.
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