May 20, 2013
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This agreement sets forth the terms and conditions governing the sale and use of the asd.com subscription service (the "Site") supplied by ASD Data Services LLC ("ASD").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
As a subscriber to the Site ("Subscriber"), you are granted a nonexclusive, nontransferable, limited license to access and use the Site and the data it contains for the term purchased from the time that the service begins (at which time the subscription is renewable) in accordance with the TOU. If Subscriber decides not to renew their subscription, Subscriber agrees to destroy any data obtained from the Site, without retaining a copy. Subscriber agrees that any use of the data obtained from the Site after the subscription expiration date is a violation of this Agreement.
Subscriber agrees not to post on any web site, resell, lend, share, give as gift, trade or transfer any part of the data obtained through the Site to a third party. The database is seeded with decoy names to protect against unauthorized use.
ASD was designed and priced for the casual user of school information. Therefore, the subscriber agrees their account will be expired before their annual expiration date if two thousand (2,000) schools are accessed or before their one month expiration date if five hundred (500) schools are accessed. The subscriber will then be given the opportunity to renew their subscription.
Subscriber agrees that there will be no refund issued after any use. Subscriber also agrees that the subscription fee covers only one subscriber or user. Subscriber agrees that providing his or her login email address and password to anyone else is a violation of this Agreement.
Subscriber agrees that the purchase of a subscription to the Site DOES NOT entitle Subscriber to use the names ASD, ASD Data Services or School Information in any form in any correspondence whatsoever whether by mail, phone, fax, email or otherwise. Subscriber agrees that their use in any form of ASD's name or intellectual property is a violation of this Agreement.
Subscriber agrees that ASD is not responsible for the manner in which the data is used by Subscriber. Subscriber will indemnify and hold harmless ASD and any of its employees or shareholders for any losses, including cost and reasonable attorney fees, on account of any violation of this Agreement by Subscriber.
ASD uses its best efforts to ensure the accuracy of the data and availability of this Site, however, the documents available through the Site could include technical inaccuracies or typographical errors, and as such, Subscriber agrees that ASD does not guarantee the accuracy of the data or availability of this Site. Changes are periodically added to the Site and the information contained therein. ASD may make improvements and/or changes in the data provided by the Site at any time, without notice to you.
Subscriber acknowledges that asd.com only makes available the school information page. Additionally, the Subscriber acknowledges the Site no longer contains any information not found on the school information page, such as, calendar, menu, alumni, pictures, guest book, creative corner, and e-bulletin board entries and/or pages. If you have any questions about what data is provided with a subscription, visit www.asd.com/asd/typicalschool.htm to see the maximum information provided for a school before you subscribe.
ASD reserves the right at all times to disclose any information as ASD deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You agree to indemnify and hold harmless ASD from any third party claim, action, demand, loss, or damage(s) (including attorney's fees and costs) arising out of or relating to your violation of these TOU, your use of the Site, or your violation of any rights of a third party.
These TOU are governed by and construed in accordance with the laws of the State of Tennessee and any action arising out of or relating to these TOU shall be filed only in state or federal courts located in Coffee County, Tennessee or in the U.S. District Court for the Eastern District of Tennessee, Winchester Division, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
INTELLECTUAL PROPERTY RIGHTS
Subscriber agrees that the data supplied through this Site is proprietary to ASD and comprises information that has been created, gathered and assembled by ASD at great expense of time and money such that misappropriate or unauthorized use by others would unfairly and irreparably harm ASD. ASD reserves the right to seek all remedies available at law and in equity for violations of these TOU, including but not limited to the right to block access from a particular Internet address to the Site and its features and/or lock the account of a subscriber. Except as expressly provided in these TOU, 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 Site and the data it contains is protected by copyrights, trademarks, service marks, or other proprietary rights and laws.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you will not use the Site or the data that is provided through the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any ASD server, or the network(s) connected to any ASD server, or interfere with any other party's use and enjoyment of the Site. ASD specifically prohibits any form of data mining (obtaining data on a large number of schools within a short period of time) and ASD reserves the right to determine what level of usage constitutes data mining. You may not attempt to gain unauthorized access to the Site, other subscriber accounts, computer systems or networks connected to any ASD server or to any other service of ASD to which you are not a lawful subscriber, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. Subscriber agrees that the data you are being provided is being provided for lawful purposes only and ASD expressly forbids use of the supplied data in any unlawful manner. Specifically ASD warns Subscriber he/she/it is solely liable for knowing and following the laws concerning, including but not limited to, fax numbers and email addresses. ASD reserves the right to investigate complaints or reported violations of the TOU and to take any action it deems 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 Subscriber’s profile(s), e-mail addresses, usage history, IP addresses and traffic information.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ASD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF (OR LOSS OF USE) THE DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, EVEN IF ASD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ASD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO ASD FOR ACCESS TO THE SITE.