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Terms of Use |
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Lobbyists.Info
Washington Representatives Online |
Terms of Use Agreement for All Demo Users and Subscribers
As of March 25, 2009 |
Lobbyists.info, Columbia Books, Inc. Terms of Use Agreement
© 2002, 2003, 2004 Columbia Books, Inc. © 2002-2008 Lobbyists.info
All Rights Reserved |
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1. Acceptance of Agreement.
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Lobbyists.info is an online service (the "Service") and is provided by
Columbia Books, Inc., a corporation with its office at
8120 Woodmont Ave. Suite 110 Bethesda , Maryland 20814
(the "Company" “Us”). This is a legal agreement ("Agreement")
between you and Columbia Books, Columbia Books, its successor or assigns, and you
should read the Agreement carefully before registering for the Service. By completing
your registration and/or using the Service, you agree to be bound by the terms and
conditions of this Agreement (the "Terms"). The Terms are subject to change
by the Company at any time, effective upon posting updated Terms on the Service
and any use of the Service after such notice will constitute acceptance by you of
such changes.
Columbia Books, Inc., as a corporation that provides online services
transacts with our users electronically. By signing up for Lobbyists.info, you consent
to receive electronically from us any privacy or other notices, agreements, disclosures,
reports, document, communications, or other records (collectively “Notices”)
regarding your existing subscription. You agree that we can generally send you electronic
Notices in either or both of the following ways: (1) to the e-mail address required
by you for your account activation or (2) posted on the Service for you to see when
you log on. You agree to check your designated e-mail address regularly for Notices
and you agree to update us whereupon an existing email is no longer valid.
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2. Copyright.
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Lobbyists.info and its content, including, but not limited to organization of material,
compilation, computer software, databases, text, photographs, graphics, logos, and
associated media and printed materials are the property of Columbia Books, Inc.
and its suppliers and are protected by copyright as a collective work or compilation
under the copyright laws of the United States and international copyright laws.
You acknowledge that you do not acquire any ownership rights to the Service.
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3. Limited Right to Use.
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You may visit and view material from the Service and on an occasional and irregular
basis, copy, print or download, and disseminate insubstantial portions of the listings
("Data") for a non-commercial purpose, to a limited number of individuals,
provided that you keep intact all copyright and proprietary notices.. Unless otherwise
authorized in writing by Columbia Books, Inc., you may not and may not permit others
to copy, reproduce, extract, upload, distribute, publish, enter into a database,
display, transfer, modify, create derivative works, reverse engineer, transmit,
sell, sublicense, rent, lease, transfer, resell for profit or distribute the Service
or any part of this Service in any form or in any way exploit any part or material
from this Service, including but not limited to code and software. In no event shall
customers use the service or information for any competitive purpose related to
the service or information.
a. Telephone/Facsimile Acceptable Use Policy.
There are phone numbers and fax numbers listed in Lobbyists.info. Should you use
the Service for telemarketing purposes, you agree to adhere to list removal requests
and published opt-out lists, including state and national do-not-call registries.
It is your responsibility to follow guidelines set by the Direct Marketing Association,
the American Marketing Association, and state/national law where applicable. Many
states have strict laws against broadcast and unsolicited faxing. Ensure any fax
transmissions are solicited and conform to local regulations. Columbia Books, Inc
will not be responsible for any fines or damages resulting from proper or improper
use of this Service.
b. Electronic Mail Acceptable Use Policy.
It is your responsibility to follow guidelines set by the federal and state governments,
as well as your internet service provider's Acceptable Use agreement regarding the
definition and policies regarding unsolicited bulk email. If complaints are received
from organizations regarding unsolicited email transmissions, any recurring or online
accounts will be terminated, and you will be liable to Columbia Books, Inc. for
damages incurred.
c. Regarding Premium Subscribers.
You are permitted to download unlimited mail lists (“Lists”) for the
purposes of direct marketing initiatives. You agree to follow guidelines set by
the Direct Marketing Association, the American Marketing Association, and state/national
law where applicable. Lists are considered rented to you for only the duration of
your subscription. All information on the Lists are furnished exclusively by Columbia
Books, Inc. and at all times remain the exclusive property of Columbia Books, Inc.
Lists are protected under the aforementioned copyright and include tracking devices
to detect misuse. If you or the entity to which you are affiliated with is sold,
merged, or files for bankruptcy, during the time you are permitted the use of Lists,
all rights in the Lists flowing from this Agreement revert to Columbia Books, Inc.
In using the Lists, you agree not to duplicate, reproduce or copy the Lists in any
form or by any means, not to transfer, sell, loan or otherwise provide the Lists
to any other person or entity except as necessary to carry out the marketing initiatives
to which the Lists are provided to you for. You agree that the Lists will not be
used to enhance or add information to another file or database. Any and all Lists
you download may only be used during valid dates of subscription. You shall not
retain the Lists or any portion thereof after your subscription expires. Immediately
following expiration of your subscription, you will cause all lists previously downloaded
and obtained to be completely destroyed and purged from all medium, including electronic
storage, disk, tape, and printed documents and agree to require any third parties
to delete the Lists upon completion of the marketing initiative you conducted with
the Lists.
d. Regarding Free Trial Preiod.
You are allowed only one (1) free trial period and its length is up to the discretion
of Columbia Books, Inc. All free trials are considered subscriptions. By signing
up for a free trial, you agree to use it as a means to better understand the Service
and only to view the data so you can determine if you will pursue a paid subscription.
You agree to act in good faith and not abuse the free trial offer, and you recognize
that you are bound by this Agreement in its entirety as a free trial registrant.
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4. Fees and Payments.
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All paid subscriptions to the Service are annual. Fees are due up front in their
entirety before you are granted access. We accept checks and credit cards only.
Because of the nature of the Data and the flexibility allowed, all Service subscriptions
are non-refundable. Columbia Books, Inc will make every effort to ensure you are
satisfied with your purchase. If you feel the Service does not live up to your expectations,
please contact us and we will work to remedy the problem.
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5. Nontransferable.
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Access to and use of the Service is through a combination of
a valid email address and a password which together is considered your login information
to access the Service through your account. You are responsible for the security
of your login information and all usage and activity on your account, and acknowledge
that any unauthorized use could result in additional charges or termination of your
access to the Service. You agree to notify Columbia Books, Inc. via phone at 202-464-1662
or by email at web@lobbyists.info of any
known or suspected unauthorized use of your account as you are responsible for all
unauthorized use of this Service as well as breaches of this Agreement by such users.
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6. Termination.
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Upon expiration of your subscription, your account will be considered terminated
by
Columbia
Books, Inc. and you agree to cease the use of any and all Data you acquired while
your account was active. (Further termination conditions apply regarding Premium
subscriptions as stated in paragraph 3c).We reserve the right to refuse the Service
entirely, end or suspend access to all or part of the Service and terminate this
Agreement for any reason, including but not limited to misuse of the Service (i.e.,
"spamming") and alleged breaches of copyright or this Agreement. You may
terminate this Agreement at any time by ceasing your use of the Service, including
the use of all of the information you acquired or derived from your prior use of
the Service. In the event of any termination, the provisions regarding Limitation
of Liability and Indemnification in this Agreement shall survive such termination.
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7. Indemnification.
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You agree to defend, indemnify and hold harmless Columbia Books, Inc., its directors,
officers, managers, employees, shareholders, agents, suppliers, and licensors, from
and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement or the failure to fulfill any
obligations relating to your account incurred by you or any third party using your
account.
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8. Disclaimer.
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This Service is provided on an "as is" and "as available" basis
and all warranties, express or implied, are disclaimed. While Columbia Books, Inc.
attempts to provide accurate and complete content and error-free software, occasional
errors or omissions may occur. We do not warrant that this Service will be uninterrupted
or error-free, and there may be bugs, delays, omissions, interruptions and errors
in the information or other materials available through this Service. We are not
responsible for the availability or content of other services that may be linked
to this Service. We do not make any warranties, express or implied, including without
limitation, those of merchantability and fitness for a particular purpose, with
respect to this Service or any information that is available through this Service.
We do not make any representations, nor do we endorse the accuracy, completeness,
timeliness or reliability of any advice, opinion, statement or other material or
database displayed, uploaded or distributed in this Service or available though
links in this Service. We reserve the right in our sole discretion to edit, correct,
or delete any documents, information or other content in this Service. While Columbia
Books, Inc. makes reasonable efforts to guard against such occurrences, we do not
guarantee or warrant that this Service or materials that may be downloaded from
this Service do not contain destructive features, including but not limited to,
viruses or worms. We are not liable for any damages or harm attributable to such
features. If you register for and/or continue to use this Service and any materials
available through this Service, you do so solely at your own risk.
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9. Limitation of Liability.
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Columbia Books, Inc., and its officers, directors, managers, employees, agents,
suppliers, or licensors are not liable for incidental, indirect, consequential,
special, punitive, or exemplary damages of any kind, including lost revenues or
profits, litigation, loss of business or loss of data, in any way related to this
Service or for any claim, loss or injury based on errors, omissions, malfunction,
interruptions or other inaccuracies in this Service. No advice or information whether
oral or written, obtained by you from us through the Service shall create any warranty,
representation or guarantee not expressly stated in this Agreement. In no event
shall the liability of Columbia Books, Inc. or its suppliers for damages arising
from or related to this Agreement or the Service exceed the amount paid by you for
the Service.
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10. Miscellaneous.
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All legal proceedings arising out of or in connection with this Agreement shall
be brought solely in the
District of Columbia
. Any cause of action by you with respect to the Service and this Agreement must
be instituted within one (1) year after the cause of action arose or forever be
waived and barred. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. This Agreement constitutes the entire
and only agreement between you and us and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings with respect to the
Service, the content, goods and services provided by or through the Service, and
the subject matter of this Agreement. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to enforce
such provision. To the extent that anything in or associated with the Service is
in conflict or inconsistent with this Agreement, the Agreement shall take precedence.
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