Terms and Conditions
USE OF THIS SITE CONSTITUTES AN ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, USE OF THIS SITE MUST BE TERMINATED IMMEDIATELY.
Judy Diamond Associates Inc., a corporation of the District of Columbia, (hereinafter “JDAI”), is the owner of databases used to produce compiled reports (hereinafter “Licensed Material”), which includes copyrighted material and proprietary and trade secret information. As used herein, “Licensee” refers to the party to whom a limited license in the Licensed Material is granted, according to the terms set forth herein.
The Licensed Material and the content of this World Wide Web (hereinafter “WWW”) site (together with any underlying source code, hereinafter collectively “this Site”) are provided exclusively under the following Terms and Conditions:
1. TITLE; LICENSE & RESTRICTIONS ON USE
1.1 All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site and the Licensed Material belong to JDAI. JDAI retains title to this Site and the Licensed Material and all property rights therein. All materials supplied to Licensee or authorized under these Terms and Conditions, included printed matter or electronic data, remain the sole property of JDAI. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
1.2 The Licensee is granted a nonexclusive, nonassignable, nontransferable, limited license to view, print and reproduce the Licensed Material purchased by the Licensee and retrieved from this Site for a period not exceeding one year from the date of purchase, provided the Licensed Material is not distributed outside the Licensee’s organization. The scope of the Licensed Material is limited to the particular database, the particular portions of that database, and the particular edition of that database specified at the time of purchase. This license is personal to Licensee, and Licensee shall not transfer, sublicense or assign this license to another person or organization without the prior written consent of JDAI.
1.3 Licensee understands and agrees that the Licensed Material constitutes proprietary information of JDAI and contains trade secret material compiled and owned by JDAI. Licensee will not provide any of the Licensed Material or any medium on which it is supplied or to which it may be copied to any person except those employees of Licensee who require access to the information to facilitate Licensee’s use of the Licensed Material. In no event shall materials from this Site be stored in any information storage and retrieval system without the prior written consent of JDAI.
1.4 Licensee warrants that it is in no way acting as agent or representative of any undisclosed principal.
2. DEMONSTRATION MATERIAL
Where so indicated, some Licensed Material may be provided free of charge as Demonstration Materials. The designation of Demonstration Materials is indicated by a reference to “demonstration,” “demo” or other language indicating that the information or materials are being provided for promotional, demonstrational or trial purposes. This Demonstration Material is subject to all terms and conditions contained herein. Demonstration Materials is intended for promotional purposes only and the Demonstration Material and its content may not be used for commercial purposes.
3. DISCLAIMERS; LIMITATION OF LIABILITY
3.1 THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND JDAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
3.2 JDAI disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to (a) any errors in or omissions from this Site and its content or the Licensed Material, including but not limited to technical inaccuracies and typographical errors, (b) any third party WWW sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) use of this Site, or (e) use of any equipment or software in connection with this Site.
3.3 JDAI, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of JDAI or its affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this Site, including its content, regardless of any negligence.
4. GOVERNING LAWS; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Washington, D.C., USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the Courts of Washington, D.C. and jurisdiction therefor shall rest solely in Washington, D.C., USA.
5. CHANGES TO THIS SITE AND TO THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by JDAI with or without notice. Please review this Site and these Terms and Conditions on a regular basis for changes. Continued use of this Site following any change constitutes an acceptance of the change.
6. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.