User Agreement
Broker Power, Inc.
INDIVIDUAL SUBSCRIPTION AGREEMENT
1. Copyright
Broker Power, Inc. ("Broker Power") claims copyright protection of all materials that it publishes, either in print or to its website ("the Site").
2. Individual Subscription License
In return for your compliance with all of the terms of this agreement (including payment of the subscription fee if not on a free trial), and subject to all of the limitations noted above and below, we hereby grant to you ("Subscriber") a non-exclusive, non-transferable, limited right to access and display on your personal computer the materials contained on the Site. Please note that this is an individual subscription. Corporate subscriptions are available at substantial discounts. Contact our sales staff at sales@brokerpower.com or 800.524.5656 for more information.
You may occasionally download or print to hard copy individual pages of the site for your personal reference. You may NOT download to, store or otherwise reproduce in hard copy or electronic form any substantial portion of the content of the site; nor may you sell, license, or otherwise permit others to use the content of the site. You agree that if you, or persons acting through you, exceed the scope of this license, we may invoice you for additional fees commensurate with the additional use and you agree to pay such invoice(s) within 30 days and that such a remedy is not exclusive of the other remedies available to us.
3. Your Password
You will be issued a password for access to the Site pursuant to your subscription. You agree that you may not permit any other person or entity, including your fellow employees or employer, to use your password for the purpose of accessing the Site, nor may you use your password to access the Site for anyone else. You are solely responsible for maintaining the confidentiality of your password, and you agree to make all reasonable efforts to do so. You may access the Site from any computer that you are personally using, in any location. If your fellow employees or others need access to our website, they will need to purchase a subscription, which may be available at a discount. Or, if others at your company need access to our Site, you may contact our sales staff at sales@brokerpower.com or 800.524.5656 for more information about a corporate subscription.
4. Subscription Term
Your license will continue as long as you are a paid-up subscriber to our service, provided that you comply with the terms and conditions of this agreement. We may terminate your subscription, this agreement, and access to the Site for any reason or no reason effective upon written notice if we tender a prorated refund of any fee you have paid. Broker Power reserves the right to restrict, suspend or terminate this agreement and your access to the Site, in whole or in part, without notice and without refund, in the event of any breach by you of any term of this Agreement (for example, by providing access to the site to unauthorized persons).
5. Digital Millennium Copyright Act
Broker Power respects intellectual property rights and has a policy to comply with the take-down procedures established under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that a posting on the Site, including the Forum, infringes your intellectual property rights, take-down notices complying with DMCA requirements should be sent to our designated agent: [Include contact information for designated agent; file form with Copyright Office.]
6. Resolution of Disputes
You agree that any dispute arising from, relating to or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of the Commonwealth of Virginia, exclusive of its choice of law principles. Any such dispute shall be litigated only in the state or federal courts of Virginia, to the personal jurisdiction of which you hereby consent. You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the "Act"), regardless of whether our Content is protected by the Act or has been timely and/or properly registered under the Act, and regardless of whether you are located in the United States.
7. Disclaimers, Limitation of Warranty, and Liability
Broker Power has a long-standing commitment to provide subscribers with expert, accurate, up-to-the-minute information on government issuances affecting international trade. Nevertheless, this Site and its contents are provided "as is." We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from the Site. We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using the Site. We neither warrant nor represent that the services or information available through this Site will enable you to achieve any particular result or outcome, legal, economic, educational, or otherwise. We will not be liable for any incidental, indirect, consequential, or special damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of this site. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees that you have paid to us in connection with your access to this site and/or for products or services that you have purchased from us through this site. The remedies available to you against us under this agreement are exclusive.
8. Complete Agreement; Modifications
This Individual Subscription Agreement constitutes the entire agreement between you and Broker Power with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.
Broker Power may modify this agreement and any policies affecting the Site effective immediately upon notice to you posted to the Site (which shall be deemed constructive notice) or distributed via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). If you do not wish to be bound by any such modification and so notify us, we will refund any unearned fees you have paid.