Statistics and Studies Terms and Conditions of Use
1. License and Restrictions on Use
A. The following license and restrictions on use apply to all subscribers:
(1) AGA hereby grants a nonexclusive, nontransferable, limited license to access and use for research and other business purposes as set forth in your subscription category for the On-line Services which will be made available.
(2) License includes the right to electronically display and obtain a print out of materials retrieved from the On-line Services.
(3) Subscribers acquire no proprietary interest in the On-line Services, materials, or copies thereof. All right, title, and interest including all copyright and other intellectual property rights in the On-line Services and materials (in both print and machine-readable forms) belong to AGA
(4) Subscribers shall not remove or obscure the copyright notice or other notices contained in materials retrieved from the On-line Services.
B. Other provisions governing use of materials are set forth in your applicable subscription category, and may be included in the on-line description of files, on-line notices and individual documents retrieved from the On-line Services (collectively, the "Supplemental Terms"), all of which are incorporated by reference into these General Terms and Conditions.
2. Distribution Rights
In addition to the Licensing rights granted in paragraph 1 above Nonmember (Next-day Distribution) and Nonmember (Immediate Distribution) subscribers are hereby granted the following distribution rights:
A. Nonmember (Next-day Distribution) Subscribers may use the "Policy Analysis Statistics" reports in the course of its business dealings and for distribution to their clients and/or to the news media, not sooner than 12:01 a.m. Eastern Standard or Eastern Daylight Savings Time on the date following posting.
B. Nonmember (Immediate Distribution) may use the Policy Analysis Statistics reports in the course of its business dealings and for distribution to its clients and/or to the news media without time restrictions.
3. Access to Services
A. Only employees, agents and individuals authorized by the subscribing organization may access and use the On-line Services.
B. Identification numbers unless subscribing to both the "Policy Analysis Statistics" and the "Energy Analysis Products" will be restricted to the selected On-line Service.
C. AGA reserves the right to add or delete materials or features of the On-line Services and to otherwise change the On-line Services at any time.
4. Limited Warranty
A. AGA represents and warrants that it has the right and authority to make the On-line Services and materials available pursuant to these General Terms and Conditions.
B. Except as otherwise provided in section 4 A, the On-line Services and materials are provided on an "as is and as available" basis and AGA and each third party provider of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
5. Limitation of Liability
A. Neither AGA nor Third Party Providers, as defined below, shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the On-line Services or any materials available or not included therein, (b) the unavailability or interruption of the On-line Services or any feature thereof or any materials, (c) subscriber's use of the On-line Services or materials (regardless of whether subscriber received any assistance from AGA in using the On- line Services), (e) the content of materials, or (f) any delay or failure in performance beyond the reasonable control of A.G.A or Third Party Providers.
B. "AGA" includes: AGA, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of AGA or its affiliates.
C. "Third Party Providers" includes: third party suppliers of materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of materials or any of their affiliates.
D. The aggregate liability of AGA and Third Party Providers in connection with any other claim arising out of or relating to the On-line Services or materials shall not exceed the lessor amount of subscriber's direct damages or the annual amount of its subscription. Subscriber's right to monetary damages in that amount shall be in lieu of all other remedies which Subscriber may have against AGA and/or Third Party Providers.
E. AGA and Third Party Providers shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever including, without limitation, attorneys' fees, in any way due to, resulting from, or arising in connection with the On-line Services, materials, or the failure of AGA or Third Party Providers to perform their obligations, regardless of any negligence on their part.
A. These General Terms and Conditions, including the Supplemental Terms, may be changed at any time. Distribution Rights, charges and payment terms may be changed upon expiration of the annual subscription in accordance with the then applicable subscription schedule.
B. Subscribers paying by credit card understand and agree that their subscriptions will be renewed automatically at the end of each subscription year at the then prevailing subscription rates for their category, unless AGA receives appropriate notice of termination 30 days or more before the expiration of their annual subscription period.
C. AGA may suspend or discontinue providing the On-line Services without notice and pursue any other remedy legally available to it if a subscriber fails to comply with its obligations hereunder. No refunds will be granted for any unused portion of the subscription.
D. Subscribers may terminate the subscription for access to the On-line Services. The effective date of termination shall be upon the receipt by AGA of an appropriate notice of termination, unless a later date is specified in the notice. No refunds will be granted for any unused portion of the subscription.
E. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the On-line Services by AGA Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the On-line Services; or on the date received, if delivered in any other manner. Notices to AGA should be sent by mail to: AGA On-line Subscription Service, ATTN: Manager, Policy Analysis at the above address.
F. The failure of AGA or any third party supplier of materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
G. Subscribers may neither assign their rights nor delegate their duties under the subscription to access the On-line Services without the prior written consent of the AGA
H. These General Terms and Conditions and the Supplemental Terms shall be governed by and construed in accordance with the laws of the State of Virginia.