NOTICE: This is a binding legal agreement. Please read carefully before you click on the "I agree" button. By clicking on the "I agree" button, you are agreeing to be legally bound by all of the terms and conditions set forth below.
This Agreement is between North American Publishing Company ("NAPCO") and you, the person or entity accessing BiB Online.
1. Grant of Limited Rights.
In return for your compliance with all of the terms of this Agreement (including, if you are a paying subscriber, payment of the applicable fee), NAPCO hereby grants to you a non-exclusive, non-transferable, limited right to access and display on your personal computer the materials contained on this Web site (the "Site") solely for your personal, internal use in connection with your business or for pleasure. You may occasionally print hard copies of individual pages of the Site for your personal reference. Except for the foregoing, you may not under any circumstances reproduce or transmit any portion of this Site, by any means, mechanical, photographic, electronic or otherwise.
Without limiting the foregoing, you expressly agree that you will not, and will not permit others to, use the information you obtain through this Site for the purposes of creating or updating mailing lists, nor will you attempt to sell information obtained through this Site to third parties.
NAPCO reserves the right to restrict, suspend or terminate this Agreement and your access to the Site, in whole or in part, without notice, in the event of any breach or threatened breach by you of any term of this Agreement.
2. Your password.
3. Copyright and Trademarks.
As part of the registration process, you will select a password. Under no circumstances may you permit any other person or entity to use your password for the purpose of accessing the Site, nor may you use your password to access the Site for the benefit of anyone else. You are solely responsible for maintaining the confidentiality of your password.
All materials on the Site are owned or licensed by NAPCO. NAPCO retains all right, title, and interest in and to the content of the Site, including the selection, organization and arrangement thereof. Copyright, trademark and other laws protect the Site and its content. Note that NAPCO makes no claim to the content of U.S. Government works or of materials that are in the public domain.
The Site may include features such as chat rooms, bulletin board services or other interactive communication facilities (collectively, the "Forums"). NAPCO cannot and does not undertake to review all communications made on or through the Forums. NAPCO reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any materials that NAPCO in its sole discretion determines violate this Agreement or are contrary to any NAPCO policy or NAPCO's business interests and customer relations. By transmitting any communication to or through the Site, including the Forums, you grant to NAPCO a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to reproduce, sublicense, distribute, display, transmit, modify, and otherwise exploit such communication, including your identity as its author or sender.
5. Prohibited Communications.
You are solely responsible for the content of any communications you make to or through the Site or any materials you add to the Site, including to any Forum (the "Communications"). You agree not to upload to or otherwise publish any Communication that: advertises or solicits the sale of goods or services (other than NAPCO's goods or services); is obscene, indecent or otherwise sexually explicit or abusive; defames any person or entity or otherwise invades anyone's rights or causes any form of injury to any other person or entity; or that contains software viruses or any other malicious code. You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to multiple recipients.
Certain components or functionalities of this Site may be available to certain users only upon payment of the applicable fee. Note: If you are accessing BiB Online as part of a free trial demonstration or as a VIP user, then this paragraph does not apply to your access to the Site. If you access a service or order a product from NAPCO to which a fee applies, you agree to pay by credit card the applicable charges set forth on the Site, including taxes. For purposes of identification and billing, you agree to provide accurate and complete information, including your legal name, address, telephone number(s), and applicable payment data, and to update this information through Customer Service promptly when changes occur. Refunds are available only for cancellation of annual subscriptions to Bibnet.
* If cancellation request is received within 30 days of the order, then a full refund will be issued.
* Refund requests received after 30 days of the order are nonrefundable.
No other refund will be granted.
7. DISCLAIMERS, LIMITATION OF WARRANTY, LIMITATION OF LIABILITY; INDEMNITY.
The Site is provided as a research and reference tool. Although NAPCO makes every reasonable effort to ensure that the information provided through the Site is useful, accurate, and current, NAPCO cannot guarantee that the information contained on the Site will be error-free. By proceeding to access the Site, you assume all responsibility for and risk arising from your access to and use of and reliance upon the Site and its contents. This Site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, or other professional assistance, you should consult your own attorney or appropriate professional. Please note that no company has paid to have it or its programs listed, nor does NAPCO pay for information about programs.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE, INCLUDING ITS CONTENT, IS PROVIDED "AS IS." NAPCO DOES NOT WARRANT THAT THE INFORMATION AND FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAPCO DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND THE INFORMATION CONTAINED ON IT. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE, EVEN IF NAPCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF THE FEES YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS TO THIS SITE.
You agree to indemnify, defend and hold NAPCO harmless from any and all claims, demands or causes of action arising from or relating in any manner to any breach or alleged breach by you of the terms and conditions of this Agreement. NAPCO may elect in its discretion to assume the defense of any such matter and you shall not settle any such matter without NAPCO's consent.
NAPCO may modify this Agreement and any policies affecting the Site effective immediately upon notice to you posted to the Site or distributed via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
9. Choice of Law, Agreement to Personal Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania (excluding its choice of law rules). You hereby consent to personal jurisdiction over you in the state and federal courts of Pennsylvania for any action arising out of or relating to your use of the Site or this Agreement.
This Agreement constitutes the entire agreement between you and NAPCO with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.
BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.