This Subscriber Agreement ("Agreement") sets forth the conditions for the use of International Data Base Corp.'s ("IDBC") BidNet Service (the "Service"). Use of the Service by Subscriber constitutes Subscriber's agreement with the terms and conditions of this Agreement.
The contents of the Service are intended for the sole use of authorized subscribers and may not be resold. All materials published on the Service are protected by copyright and owned and controlled by IDBC or the party credited as the provider of the content. The Subscriber shall indemnify IDBC against liability arising out of or in connection with the Subscriber's breach of any limitation set forth above, or any such breach or violation by any person to whom the Subscriber has given his password or authorized or permitted the use of the Subscriber's IDBC account in any way.
Subscriber shall provide IDBC with accurate, complete and up-to-date registration information. Failure to do so could result in the immediate termination of the Subscriber's account.
The Service is made available on an "as is" basis, without warranties of any kind, and fee is nonrefundable. IDBC offers no warranties regarding the availability, accuracy, sufficiency or suitability of the Service or the contents of any information accessed via the Service. The Subscriber has the sole responsibility for inspecting and verifying all services and the content to the Subscriber's satisfaction before using them.
As an additional service, IDBC will notify its subscribers of upcoming renewal dates. Subscribers must respond in order to maintain their existing coverage.
IDBC may, at its sole discretion, terminate or suspend Subscriber's access to all or part of the Service for any reason, including without limitation, breach of the Subscriber's Agreement, or assignment of the Subscriber's Agreement by Subscriber.
Should any portion of this Agreement be held by a court to be illegal, invalid or unenforceable, the legality and enforceability of the remaining provisions of the Agreement shall not be affected or impaired thereby.
The failure of any party to enforce the terms or conditions of the Agreement, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term of this Agreement. This Subscriber Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York City.
These Terms and Conditions shall constitute the entire agreement between IDBC and the Subscriber with respect to the subject matter hereof. This Agreement supercedes all prior discussions, negotiations, or representations by the parties.