National Mortgage News Subscription Agreement
NationalMortgageNews.com (the "Service") Subscription Agreement
The terms of this Agreement and all operating rules published over the Service constitute the entire agreement (collectively the "Agreement") between SourceMedia and you ("Subscriber") with respect to the Service.
1. SourceMedia may change the terms of the Agreement including, without limitation, the fees for the Service or for any information products on the Service at any time upon notice published over the Service. You may review the Agreement applicable to your then current use by clicking the "Subscription Agreement" button on the home page. You should click "Subscription Agreement" each time you access the Service to review a copy of the then current Agreement. By using the Service after any change to the Agreement is posted on the Service you will be deemed to be bound by all of such changes.
2. SourceMedia may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice.
3. In no event shall SourceMedia be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. SourceMedia does not guarantee the uptime of the Services.
4. TERM. The License will commence on accepting the Subscriber Agreement and continue in force until terminated as follows:
(a) Either party may terminate the License at the end of each License Period by giving to the other party at least 30 days' written notice of termination.
(b) SourceMedia may terminate the License immediately if the Subscriber fails to pay any SourceMedia Invoice when due for payment or commits a material breach of the Subscriber Agreement and Conditions, by giving to the Subscriber written notice of termination.
(c) SourceMedia may immediately terminate the License if the Subscriber enters into any merger, partnership, joint venture, association, scheme, combination or like arrangement with any other person, department, partnership, firm, company, corporation or association, by giving to the Subscriber written notice of termination.
On termination the Subscriber must cease using the Licensed Product (and all articles, reports, data and other information produced or generated by the Subscriber which are based on or include any of the Licensed Product) for any purpose and must destroy all copies (hard and electronic) of any Licensed Product or any such report, data or other information in the Subscribers possession, power or custody.
5. COPYRIGHT. All information available through the Service is protected by copyright or other intellectual property laws. You may display and print information obtained through the Service solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service to anyone, without the express written consent of SourceMedia. You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose.
6. INTELLECTUAL PROPERTY. The Subscriber agrees that the Licensed Product and the Content are and will remain the property of SourceMedia, and that the Subscriber does not have any License or right to use any trade or service mark displayed in the Licensed Product or the Content without the express written permission of SourceMedia. SourceMedias intellectual property rights in and to the Licensed Products and the Content are protected by United States and international copyright and trademark laws, and Subscriber agrees that its Employees are not authorized to reproduce, copy, republish, upload to a third party or distribute the Licensed Product or the Content, except in accordance with this Agreement.
7. THIRD PARTY PROVIDERS. All third party information available through the Service is protected by copyright or other intellectual property laws. You may display, print and transmit information obtained through the Service only for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrievable device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service without the express written consent of SourceMedia.
Third party providers of news on the Service are not responsible for any delay in your receipt of the licensed information resulting from the inherent limitations of the internet transmission via the World Wide Web. Due to the number of sources from which the licensed information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the licensed information. The licensed information is provided "as is", without any warranties. Third party news providers and their affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, timeliness, noinfringement, title, merchantability or fitness for a particular purpose of the licensed information, and they hereby disclaim any such express or implied warranties. Neither the third-party providers nor any of their affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury, other than death or personal injury resulting directly from use of the licensed information, caused in whole or part by its negligence of contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the licensed information. In no event will third-party providers, their affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such licensed information. The third-party providers and their affiliates, agents and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation my not apply to you.
8. NETWORK SECURITY. Violations of this agreement include, but are not limited to, any attempt to avoid user authentication or security of any host, network or account. This includes accessing content that is not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing or ping flooding, among other measures, is strictly prohibited. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.
9. RESTRICTIONS. The subscriber must ensure that only Nominated Users access and use the Licensed Product in accordance with the Subscriber Agreement, and that such access and use is only for the purpose of enabling the subscriber to carry on its business in the normal course. The Licensed Product may not be reproduced, copied or resold in any format. The subscriber agrees to take all necessary precautions to assure that no unauthorized persons have access to the licensed product and that all authorized persons having access refrain from unauthorized disclosure, duplication or reproduction. Nominated Users are not permitted to store copies of the licensed product or parts thereof on any computer, PDA or network where they can be accessed by employees who are not nominated users.
10. WARRANTY. Because of the possibility of human or mechanical error by SourceMedia or its licensors, neither SourceMedia nor any of its licensors guarantee the accuracy, adequacy, completeness, currentness or noninfringement of the service or any information on the service and are not responsible for any errors or omissions, for the results obtained from the use of the service or such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the service. In no event will SourceMedia or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by SourceMedia shall be to terminate this agreement and obtain a refund of a pro-rata portion of any prepaid subscription fees based on the date of termination. The provisions of this section will survive any termination of this agreement.
11. LICENSE FEE. Each Subscriber is responsible for all charges incurred and all statements which are made while such Subscriber's Password or Username is being used. Each Subscriber is responsible for sales, use or similar taxes relating to the use of SourceMedia accessed through such Subscriber's Password or Username. All fees and other charges will be charged on an annual or other basis, as indicated on the Service, to the Subscriber's credit card registered by the Subscriber with SourceMedia or invoice statement. Your acceptance of this Agreement constitutes your authorization to make those charges. Subscribers must notify SourceMedia of all changes in the expiration date of the credit card being used for SourceMedia.
12. GENERAL. This Agreement is personal to you and you may not assign any of your rights or obligations under this Agreement to anyone. The Agreement constitutes the entire agreement between you and SourceMedia with respect to the Service and may be amended by notice by SourceMedia given on the Service as herein provided. SourceMedia is a division of SourceMedia, Inc. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and New York State governing contracts to be wholly entered into and performed within New York State. The courts sitting in the State of New York, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.
Notice may be given by SourceMedia through the Service including, without limitation, via e-mail or posting for access under "Subscription Agreement" on the home page or by mail to the last address given by the Subscriber to SourceMedia. Notice by a Subscriber shall be given to SourceMedia.com Customer Service by e-mail to email@example.com, by fax to (212) 843-9605 or by mail to SourceMedia.com, One State Street Plaza, New York, NY 10004. Notices shall be deemed given when posted on the Service or on the recipient's e-mail or when received if sent by facsimile or mail.