THIS agreement is between each subscriber and ______________ (“______”) and governs the terms and conditions for subscribers to the subscription services offered by ______. Acceptance of this agreement is a condition precedent to obtaining access and to maintaining access. By subscribing to and using the services, you agree to pay all applicable fees and abide by the terms of this agreement, as it now exists and as may hereafter be amended.
1. As a subscriber you agree that your username and password will not be disclosed to any unauthorized person. _____ may change your username and password at any time, provided that you are sent notice to your last known E-Mail address. All authorized users will have a unique access login, allowing them to obtain access to the services you selected. Each Subscriber agrees to keep his or her personal access code confidential and to notify ____ of any violation of this agreement.
2. The resources offered may be viewed, printed or saved to your hard drive for personal use and use in your business but may not be published to others without the prior consent of ______.
3. ________ services are provided on an “as is, as available” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to ______. Further, no warranty of any kind is implied regarding reimbursement for losses of income due to disruption of service by ______. Every effort is made to assure that all information published is correct. However, _____ disclaims any liability for errors in the services and as a subscriber you assume the risk of possible errors.
4. All fees and charges for access to the resources shall be paid by the subscriber within ten (10) days of obtaining notice of your Username and password and are non-refundable. A finance charge of 1% of the unpaid balance per month will be added to all unpaid statements. However, each Subscriber is free to terminate the subscription at any time for any reason but not before the payment of all fees charged for access. If _______ has reasonably concluded that any Subscriber has breached the terms and conditions of this Agreement, the Subscriber’s account and access privileges will be terminated immediately. Additionally, ____ reserves the right, in its sole discretion, to terminate any Subscriber for any reason without notice.
5. _________ reserves the right to change access fees following notice published online 30 days prior to such changes, and to automatically apply such adjustments to all existing accounts. _____ also reserves the right to cancel any of its’ services and refund the fee pro rata.
6. The term of this agreement shall be for a period of one year unless terminated and may be renewed and extended for consecutive one year terms by payment of the annual subscription fee, said fee to be set by ________ annually.
7. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
8. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of __________________.
9. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties.