UPDATED April 27, 2015.
For purposes of this Agreement, the following terms shall mean:
“Content” covers all information published through RegQuest, including but not limited to any analysis, writings, figures, graphs, advertisements, copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights and related materials Please note that Schooner Strategies has copyrighted all material; and
“Services” covers all activities associated with RegQuest and related work product.
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box and understand that you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.
3. Fees and Payments. You must be 18 years of age or older to purchase a subscription to the Services or any other content, product or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any yearly renewal. Generally, all fees and charges are non-refundable, but please email us at email@example.com for more details about our refund policies. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, please do so in your account to make changes. If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by emailing Customer Service at firstname.lastname@example.org. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.
4. Term: Cancellation and Renewal. This Agreement shall remain in full force and effect while you use the Services. Your subscription will renew automatically annually until it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription in writing at least 30 days in advance of the current subscription period edits before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We may cancel your subscription at any time upon notice to you. You may cancel your subscription by contacting Customer Service at email@example.com.
5. Subscription Policies. By subscribing to a Service, you are subject to our Subscription policies that can be found at any time. Please read these carefully as they set forth our refund, cancellation and pricing policies and other important matters. We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies.
6. Availability of Service through other Platforms; Third Party Payment Services.
6.1 If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platform’s terms in addition to this Agreement.
7. Certain Types of Users. If your access to a Service is provided by, or through a Third Party (as defined in Section 2 above), some or all of the “Fees and Payments” and “Cancellation and Renewal” terms may not apply to you. Please contact the Third Party, retailer or our Customer Service department for details.
8. Limitations on Use.
8.1 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise in writing.
8.2 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to all Content available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow employees.
8.2.1 While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive to develop or operate your own regulatory reporting system without our express written permission.
8.3 Additional Restrictions on Use of the Content.
8.3.1 You agree not to rearrange, modify or republish the Content available through another Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
8.3.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
8.3.3 As a general rule, you may not use the Content in any commercial product or service without our express written consent.
8.3.4 You may not create apps, extensions, or other products and services that use our Content without our express written consent. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Service.
8.3.5 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
8.4 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.
13. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, MEMBER BENEFITS AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. Agreement to Arbitrate.
14.1 The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Anne Arundel in the State of Maryland. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 15 below, Maryland law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
14.2 Unless you and we agree otherwise, the arbitration will take in the County of Anne Arundel in the State of Maryland. For claims of $5,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.
14.3 The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regard to any conflict or choice of law principles. For all litigation that may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Anne Arundel in the State of Maryland. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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