User Agreement

 

1.General:

New Generation Research, Inc. (“Provider”) provides the information on the Internet site with the address www.bankruptcydata.com (the “Site”). The entity identified above (“Subscriber”) wishes to access the data available on the site.

2. Payment:

User agrees to pay all fees and charges incurred in connection with the user’s purchase of information on the site at the rates in effect when the charges were incurred. Provider may charge interest and late fees for payments not received in 30 days. User agrees to pay all costs (including, without limitation, attorneys’ fees) incurred by provider to collect overdue amounts hereunder.

3. Renewal:

For annual and semi-annual subscriptions, the subscriber will be contacted at the end of the contract period for renewal. For monthly subscriptions, the subscriber hereby acknowledges, agrees and authorizes Provider to renew subscriber’s subscription automatically, every month at a rate of $99 per month for a Basic subscription, until such time as subscriber instructs Provider to stop. Subscriber’s credit card will be billed automatically each month after the delivery of the fourth issue of Bankruptcy Week. Renewal can be stopped by e-mailing circulation@bankruptcydata.com and indicating Subscriber’s desire to cancel the subscription.

4. Limitation of Liability:

Provider obtains the information on the Site from sources it believes to be reliable, but PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, ORIGINALITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF THE INFORMATION ON THE SITE, NOR DOES PROVIDER MAKE ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION ON THE SITE. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SITE or any services provided by the Provider. Subscriber acknowledges that the Site is not intended to provide investment, financial, tax or legal advice of any kind.

5. Indemnification:

Subscriber agrees to indemnify the Provider and hold the Provider harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney's fees) arising from Subscriber’s breach of this Agreement. This obligation will survive Subscriber’s use of the Site.

6. Limitations on Use:

Subscriber acknowledges that the content on the Site is proprietary to Provider and is covered by the copyright, trademark and other intellectual property laws of the United States and other countries. Except as provided in Section 7, Subscriber agrees not to reproduce, e-mail, disseminate, sell, publish or otherwise distribute any of the content on the Site without the express written consent of Provider. Subscriber also agrees not to forward, copy or disseminate the Bankruptcy Week newsletter, the Bankruptcy Daily email or share provided username and password without paid authorization from Provider.

7. Additional Users:

All Silver Level subscriptions entitle the Subscriber to just one user. Subscriber agrees not to share provided username and password without paid authorization from Provider. You agree to not use other users' accounts and to not let others use your account; violation of this will result in immediate termination of your access to this site. Please contact BankruptcyData if you are interested in adding additional users to your subscription. The terms and conditions listed in this Agreement apply to the subscriber and all additional users.

8. Additional Terms:

Subscriber agrees to abide by any additional terms that may from time to time be contained in the BankruptcyData.Com User Agreement incorporated in the Logon process on the Site.

9. Right to Change or Terminate:

Provider reserves the right, in its sole discretion, to change any of the information on the Site or to terminate Subscriber’s access to any portion of the Site at any time, without notice and for any reason whatsoever.

10. Refund Policy:

All subscriptions to BankruptcyData are non-refundable. If Provider terminates your subscription due to a violation of the User Agreement, you will not be entitled to any refund of unused subscription fees.

11. Electronic Downloading of Data:

The electronic downloading or automated “scraping” of data off the BankruptcyData website is strictly prohibited unless authorized under the terms of your subscription type and will result in immediate subscription termination. You may not use any program, spider or "bot" to gather or "harvest" information from this Site. You may not engage in any activity that interferes with or disrupts (in our sole discretion) the Services or the servers and networks which are connected to the Services, or access (or attempt to access) any of the Services by any means other than through the interface that is provided by BankruptcyData

12. Governing Law:

Any claim relating to BankruptcyData shall be governed by the laws of the United States of American and the State of Massachusetts without regard to its conflict of law provisions. You agree that the forum for any claim arising there under will be in the appropriate U.S. Court in the state of Massachusetts.

13. Confidentiality:

You shall keep confidential, shall not use for any purpose not permitted in this Agreement and shall not disclose any password employed by you in your use of the Site.

14. Audit:

You grant us the right to audit your use of the Site, so as to ensure compliance by you with this Agreement.

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