This PR CYCLE SUBSCRIBER AGREEMENT is entered into by and between iMiners, Inc., a California Corporation with a principal address at 6894 Brookview Court, Livermore, CA 94551 ("iMiners"), and "Subscriber".
1. iMiners grants to company or individual ("Subscriber") the nonexclusive right to use the service(s) solely for Subscriber's personal, internal, noncommercial use in accordance with the terms and conditions of this Agreement.
2. The term of this Agreement is month to month. The Subscriber agrees to have payment drawn from his credit card account on a monthly basis in advance. Your subscription will automatically renew for each subsequent term unless terminated by the subscriber.
3 You can cancel your subscription at any time by notifying us via email to firstname.lastname@example.org or contacting our customer care at 925.447.6073. Once we receive your cancelation request, we will send you an email confirmation. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly subscription period. Your membership will run until the end of the then current month and you will be entitled to all the benefits of your current membership level.
4. If necessary, iMiners may increase fees for the Services at any time by giving thirty (30) days written notice to Subscriber, however Subscriber may terminate only those Services affected by giving written notice to iMiners prior to the effective date of such increase in accordance with section 3.
5. iMiners's Services contain copyrightable works and proprietary information owned by iMiners and its third-party licensors. Unless Subscriber and iMiners agree in writing, Subscriber shall use the Services solely and exclusively for the internal purposes of Subscriber and its employees at the Location recited above and shall not allow any other firm, individual, affiliate, subsidiary, or third-party entity of any kind to use or have access to the Services. Subscriber shall not alter or modify the Services in any manner. Subscriber acknowledges that the Services were prepared by iMiners and its third-party licensors through the application of expertise, methods, and standards of judgment developed, acquired, and applied through the expenditure of substantial time, effort and money. Subscriber agrees to respect and protect all copyright rights and other proprietary rights of iMiners and its licensors in the Services. Subscriber is prohibited from using any type of automated method of retrieving data from Services content with the prior written consent of iMiners. This includes, but is not limited to, programs termed as spiders, snakes, robots, or mirroring type programs.
a. Subscriber agrees that neither iMiners, its affiliates, officers, directors, employees, agents or representatives, nor the Providers, nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for the accuracy, truthfulness, timeliness, reliability, completeness or correct sequencing of Services or the information made available through Services content, or for any decision made or action taken by Subscriber in reliance upon such information or Services content, or for interruption or delay of any data, information or any other aspect of Services content.
b. Neither iMiners nor its affiliates or the Providers warrant that Services content and the information obtained from Services content is appropriate for Subscriber's needs, that Services content will be available at any particular time or location, or that any defects or errors in Services content will be corrected. Certain information accessible through Services content may be provided by parties with whom iMiners has no relationship. Other information that iMiners obtains from the Providers is obtained from sources believed to be reliable. Nevertheless, due to various factors, including the inherent possibility of human and mechanical error, the accuracy, truthfulness, timeliness, reliability, completeness or correct sequencing of such information in Services content is not and cannot be guaranteed by iMiners, the third parties or by any persons creating or transmitting such information.
c. SERVICES CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. SUBSCRIBER RECOGNIZES THAT THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH SERVICES CONTENT SHOULD BE CHECKED BEFORE SUBSCRIBER RELIES ON IT.
d. USE OF SERVICES CONTENT AND ANY INFORMATION OBTAINED THROUGH SERVICES CONTENT IS SOLELY AT SUBSCRIBER'S RISK. IN NO EVENT SHALL IMINERS BE LIABLE FOR LOSS OF PROFITS OR DATA, USE OR INTERRUPTION OF BUSINESS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATING TO SUBSCRIBER'S USE OF SERVICES CONTENT, EVEN IF IMINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. IN NO EVENT SHALL IMINERS'S AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE FEES PAID BY SUBSCRIBER TO IMINERS PURSUANT TO THIS AGREEMENT.
e. SUBSCRIBER ACKNOWLEDGES THAT INFORMATION AND CONTENT AVAILABLE THROUGH SERVICES CONTENT MAY CONTAIN COMPUTER VIRUSES OR OTHER CONTAMINANTS, INCLUDING, BUT NOT BE LIMITED TO, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, WORMS, TIME BOMBS, CANCELBOTS OR OTHER MALICIOUS COMPUTER PROGRAMMING ROUTINES, MALICIOUS CODES OR INSTRUCTIONS THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE, MODIFY, DELETE, DAMAGE OR DISABLE ANY SYSTEM OR SYSTEM DATA. SHOULD SUBSCRIBER DOWNLOAD ANY SUCH INFORMATION OR MATERIALS FROM SERVICES CONTENT, IT IS SUBSCRIBER'S RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS SUBSCRIBER DEEMS NECESSARY. UNDER NO CIRCUMSTANCES WILL IMINERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY INFORMATION OR MATERIALS DOWNLOADED FROM SERVICES CONTENT AND SUBSCRIBER ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA SUBSCRIBER USES IN CONNECTION WITH SERVICES CONTENT.
7. Subscriber agrees to indemnify and hold harmless iMiners, its affiliates, officers, directors, employees, agents and representatives and the Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to Subscriber’s use of Services content or the information made available through Services content, any violation of the terms and conditions of this Agreement by Subscriber or any violation by Subscriber of any applicable law, statute or regulation.
8. Any disputes regarding this Agreement will be resolved in accordance with the laws of the State of California and shall be subject to the jurisdiction of the courts of that State.