Congressional Digest

CONGRESSIONAL DIGEST CORPORATION

TERMS AND CONDITIONS OF USE

USERS AGREE TO BE BOUND BY TERMS AND CONDITIONS CONTAINED HEREIN FOR USE OF PRODUCTS AND SERVICES

This Agreement is between Congressional Digest Corporation (“CDC”) and the individual or entity accessing Congressional Digest, Supreme Court Debates, International Debates, or any other CDC information source through the Internet (“Customer”).

All references to “Congressional Digest Corp” or “CDC” herein encompass not only Congressional Digest Corp, but also all subsidiaries and affiliates of Congressional Digest Corp.

This Agreement sets forth the terms and conditions applicable to Customer’s use (“Electronic Access”) of Congressional Digest, Supreme Court Debates, International Debates, or any other CDC information source via the Internet, and all databases and/or other materials contained therein via the Internet as well as accompanying documentation and/or manuals (the “Product”).

By accessing and/or using the Product, Customer agrees to be legally bound by this Agreement as well as any other terms, conditions, policies, or procedures that may be published by CDC. Portions of this Agreement are subject to revision, addition, or removal at any time and such changes are effective immediately. Such changes will be published and the continued use of the Product serves as the Customer’s indication of acceptance.

1. CUSTOMER. The term “Customer” shall include all individual end users authorized to have Electronic Access to the Product. The Terms and Conditions of this Agreement shall apply to each such authorized end user.
   1. The term “Customer” here refers to any entity which has subscribed to Congressional Digest online or in print.
   2. CDC reserves the right to request verification of the number of individual end users provided Electronic Access by the Customer.

2. ACCESS LICENSE. CDC grants to Customer a revocable, non-exclusive, non-transferable, non-sublicensable limited right of Electronic Access to the portion of Product pursuant to the subscription or purchase in accordance with the Terms and Conditions of this Agreement.
3. TERM. Customer is authorized to use the Product during the term of Customer’s subscription to the Product. In the case of purchases of single issues or articles, Customer is authorized to use the portions of the Product pursuant to such purchases.
4. ACCURACY. The information contained in the Product was believed to be accurate at the time of its inclusion and publishing. Information is subject to revisions and updates by CDC and is provided on an “as is” and “as available” basis. CDC shall not be held responsible for the accuracy of the information provided. CDC does not render legal, financial, or any other kind of advice.
5. LINKS. Links to external Internet sites may be included on CDC’s site, www.congressionaldigest.com. Such Internet sites may feature or display information not created, published, maintained, or acknowledged by CDC, and CDC is not responsible for any of the content of such sites. CDC does not approve, endorse, or verify any information available on external, linked Internet Sites.
6. COPYRIGHT. The Product contains proprietary material of CDC (or material that other suppliers have licensed to CDC for use in the Product) which is protected by copyright and other laws respecting proprietary rights. CDC retains all rights in the Product, including (without limitation) all copyright and other proprietary laws worldwide in all media. Customer may not use the Product except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
   1. End users who are duly authorized may access the Product for individual use, i.e., may view the Product on screen; may download insubstantial portions in an amount not to exceed ten percent (10%) of materials obtained from the Product and/or include such insubstantial portions of materials obtained from the Product in internal reports and filings provided that materials are properly cited. Customer may not download, duplicate, modify, or publish any portion of materials obtained from the Product for any purpose not relating to individual research.
   2. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the Product materials contained therein. No part of the Product may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from CDC. Any use not authorized by the Agreement is prohibited and is not a fair use under U.S. Copyright law.
   3. No copyright is claimed in the representation of public domain documents and images, but the selection, arrangement, and presentation of such materials are protected by copyright and therefore subject to the terms of this Agreement.
   4. Customer acknowledges that the Product (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer, or use may cause CDC and/or CDC suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Customer agrees that any breach of this Agreement by Customer, or any subscriber or end-user, may be enforced by CDC and/or CDC’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
   5. Customer agrees that any supplier of any portion of the licensed materials may enforce its rights against Customer, even though supplier is not a party to this Agreement.

7. RESTRICTIONS.
   1. Customer may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in the Product in any manner whatsoever that may infringe any copyright or proprietary interest of CDC; distribute the information contained in the Product to other users not duly authorized to Access the Product; distribute, rent, sublicense, lease, transfer, or assign the Product or Agreement; decompile, disassemble, or otherwise reverse-engineer this any portion of the Product or website.
   2. Customer may not use the Product in any way that may violate the intellectual property rights or other rights of others parties, or use the Product or website or attempt to modify or penetrate the Product or website in order to block the use of the Product by or obtain personal information or otherwise infringe upon the privacy of other subscribers.
   3. CDC reserves the right to terminate the accounts of customers found to repeatedly infringe copyright.
   4. If Customer breaches any provision of this Agreement, CDC may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies.

8. PASSWORDS. It is the customer’s responsibility to maintain the security of their password for access to CDC copyrighted materials.  It is the customer’s responsibility to insure that their password to CDC materials is only used by legitimate customers, students, or patrons of their facility or institution. CDC reserves the right to ascertain the identity of end-users accessing the site and verify their eligibility.  CDC reserves the right to deny access to any username CDC has come to learn is not being used in accordance with this agreement until such time as the customer corrects the security breach.
9. LIMITED WARRANTY.
   1. CDC warrants that the Product will substantially conform to the published specifications and to accompanying documentation (as may be modified from time to time).
   2. While CDC attempts to include accurate information in the Product, occasional errors or omissions in content may occur. CDC will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of information provided. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE CUSTOMER “AS IS.” CDC AND CDC’S SUPPLIERS MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. CDC AND ITS AGENTS DO NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PUPROSE OF THE PRODUCT OR INFORMATION IT CONTAINS. CDC DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE IN CONTENT. CDC SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY CUSTOMER’S USE OF THE PRODUCT, CUSTOMER’S RELIANCE ON THE INFORMATION CONTAINED IN THE PRODUCT OR CDC’S SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF THE IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
   3. IN NO EVENT MAY CUSTOMER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST CDC, ITS SUPPLIERS OR DISTRIBUTERS, MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
   4. IF THE FOREGOING LIMITATIONS ARE HELD TO BE UNENFORCEABLE, CDC’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO CUSTOMER OR ANY OTHER PERSON OR ENTITY SHALL IN ANY EVENT NOT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE PRODUCT.

10. INDEMNITY. Customer agrees to indemnify, defend, or hold CDC, its suppliers and distributers harmless from and against any and all claims from third parties arising out of or in any way related to Customer’s use of the Product hereunder, or from and against any and all claims, losses, damages, and expenses resulting from Customer’s use, in breach of any of the terms of the Agreement, of any data or documentation received from CDC, regardless of the form of action.
11. DISPUTE RESOLUTION. Any dispute arising as a result of this Agreement or the breach of this Agreement shall be settled by arbitration in Washington, District of Columbia by the American Arbitration Association in accordance with the commercial rules and procedures in place. The decision reached by the arbitrator(s) shall be final and binding.
12. GENERAL. If any part of this Agreement is declared void, this Agreement shall to the maximum practicable extent be construed without reference to that part. Customer may not assign or sublicense this Agreement without CDC’s prior written consent. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be modified or amended except by the express agreement of both CDC and Customer. This Agreement shall be governed by the laws of the District of Columbia, including the Uniform Commercial Code as adopted by the District of Columbia, as they apply to agreements executed and fully to be performed in the District of Columbia (that is, without reference to District of Columbia choice of law provisions). No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.

BY USING OR ACCESSING THE PRODUCT OR WEBSITE, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.