FDAPetitions.com SUBSCRIPTION AGREEMENT
Please read the Terms and Conditions. By receiving a username and password, and by logging in as a “Member,” you certify that you have read and agree to abide by all such Terms and Conditions and that you are authorized to agree and abide by all such Terms and Conditions on behalf of your company or institution (hereafter referred to as “Subscriber”).
By this Agreement, Parry Ashford Inc. (“Parry Ashford Inc.”), 100 S. Ashley Drive, Suite 600, Tampa, FL 33602 USA grants a license to the Subscriber to access the subscriber-only sections of fdapetitions.com on the Internet from the number of sites (as defined below) specified in Section 4 of this Agreement, subject to the terms and conditions set forth in the following paragraphs, all of which are hereby agreed to between Parry Ashford Inc. and the Subscriber.
Terms and Conditions
FDAPetitions.com is an online compilation of public records, information from public records, and original articles (collectively, “publications”). Parry Ashford Inc. reserves the right to add or delete FDAPetitions.com content at any time.
2. Scope of License; Institutional Subscriber Use Restrictions.
The subscription includes authorization by means of the Subscriber’s IP address to allow site-wide online access by authorized users via multiple connections. If a proxy server is being registered for access, the Subscriber agrees to maintain the security of the access by authenticating authorized users before allowing use of the proxy to any remote or on-site user. Authorized users must be employees, staff, or (for academic Subscribers) faculty or students, officially affiliated with the Subscriber, or authorized on-site patrons of the Subscriber’s library facilities.
Sites may be academic or nonacademic. For academic Subscribers, different campuses are considered different sites even if they are within the same city. Departments or libraries of the same campus are considered part of the same site. For nonacademic Subscribers, sites are defined as geographically separate units, even if they are within the same city. Each branch, office, or laboratory is a different site.
This subscription entitles the Subscriber and authorized users to access all portions of FDAPetitions.com and:
a. make searches of FDAPetitions.com
b. download search results to paper, hard disk, or diskette, provided that such data is not made available to anyone who is not an authorized user. Authorized users who do download search results must maintain all copyright and other notices.
Systematic downloading of substantial portions of the database and use of robots is prohibited.
Academic and public library Subscribers may use hard copies derived from the electronic edition of the publications for the purpose of inter-library loan with the same limitations that apply to copies for that purpose made from the print or online versions of the publications. Specifically, copies must be made in compliance with Section 108 of the Copyright Act of the U.S. and be within the CONTU guidelines. Authorized users who do print items must maintain all copyright and other notices on the printed items.
A Subscriber or authorized user may not make FDAPetitions.com available to anyone other than another authorized user, whether by telephone link, Internet connection, or by permitting access through his or her terminal or computer, or by other similar or dissimilar means or arrangements.
Subscribers will make reasonable efforts to maintain security and monitor all use (including unauthorized use) from their sites and to communicate the terms of the license to their users.
FDAPetitions.com access is granted site-wide only for those users specifically agreed upon in writing by Confirmation E-mail. Subscribers may request access for any number of users; however, usage must be restricted to a single site, or such larger number of sites as may be expressly stated in the subscription agreement.
4. Term and Fees.
The annual subscription fee shall be as agreed upon in writing by Confirmation E-mail. The fee shall be payable within 30 (thirty) days after receipt of invoice. Subsequent annual subscription fees shall be invoiced by Parry Ashford Inc. and shall be due and payable within 30 (thirty) days of receipt.
Subscriber and its authorized users must use the assigned usernames and passwords in order access to the Subscriber-only portions of FDAPetitions.com.
The term and each renewal term of a subscription will last through one year after the term begins (the “Renewal Date”). The subscription will renew thereafter for successive one year terms unless Subscriber cancels the subscription by providing at least thirty (30) days written notice before the Renewal Date of such cancellation.
The annual fee for this subscription may be raised by written notice to the Subscriber, given at least sixty 60 days prior to the next succeeding Renewal Date. Subscriber may terminate a subscription, effective on the next Renewal Date, by at least 30 days written notice to Parry Ashford Inc., which may be given by e-mail through the Customer Service link on the FDAPetitions.com website. The Subscriber will be liable for the subscription fee for the upcoming renewal term if it fails to give notice of termination at least 30 days before the Renewal Date.
Payment in full for a renewal term is due within thirty (30) days after receipt of invoice which shall be sent to Subscriber on or before the Renewal Date. There is no grace period, and access to FDAPetitions.com will terminate after the Renewal Date until payment is made. Late payment of the full year’s subscription fee will reinstate the subscription through the end of the calendar year in which the payment is made.
FDAPetitions.com includes online documentation. Parry Ashford Inc. does not provide user support via e-mail, telephone, or otherwise.
6. Copyright and Violations of Contract.
FDAPetitions.com and its contents are subject to copyright, database protection, and other rights of the publisher (Parry Ashford Inc.), under the laws of the United States and the country of use.
The Subscriber acknowledges that it has no claim to ownership by reason of its use of or access to FDAPetitions.com. Downloading of data is permitted solely for Subscriber’s internal use to the same extent as the printed version of the publication. Recompiling, publication or republication of the data, or any portion thereof, in any form or medium whatsoever, may be done only with specific written permission from Parry Ashford Inc.
Resale of data downloaded from the database, whether such resale be in the form of sale, subscription, or otherwise, whether the format or appearance of the data be similar to or different from its appearance on FDAPetitions.com, and whether the data be in printed, electronic, or other form, is prohibited. Violators of any of the restrictions set forth in this paragraph shall be liable either for copyright infringement or, to the extent that the downloaded data are not protected by copyright laws, for damages for breach of contract and/or trespass in the amount of (a) actual damages or (b) liquidated damages calculated as if the data in question were protected by the copyright laws, whichever may be greater, together with Parry Ashford Inc.’ reasonable attorneys’ fees and other expenses in pursuing such remedies.
7. Suspension or termination of access.
Parry Ashford Inc. reserves the right to suspend and/or terminate access to FDAPetitions.com without prior notice if Subscriber violates any term of this Agreement and shall not be liable to Subscriber for any portion or refund of the subscription fee. Any use of the FDAPetitions.com database beyond the scope of the License or any fraudulent, abusive, or otherwise illegal activities may be grounds for termination of access. The foregoing includes but is not limited to activity that may burden Parry Ashford Inc.’ server(s), such as computer programs that automatically download content, commonly known as robots, spiders, crawlers, wanderers or accelerators.
8. Disclaimer of warranties.
a. Parry Ashford Inc. has made and will make good faith efforts to ensure that FDAPetitions.com is complete and accurate. However, Parry Ashford Inc. does not warrant completeness or accuracy, and does not warrant that the Subscriber’s use of FDAPetitions.com will be uninterrupted or error-free, or that the results obtained will be useful or will satisfy the Subscriber’s requirements.
b. Parry Ashford Inc. warrants that it is entitled to grant the licenses outlined in this Agreement, BUT MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR PREVENTION OF HACKING.
c. The Subscriber will be permitted to access FDAPetitions.com at any time while a subscription term is in effect. Parry Ashford Inc. will not be liable for any delay, down time, or other failure of performance, but will use reasonable efforts to correct any performance problem brought to its attention.
d. Parry Ashford Inc. will not be responsible for incidental, consequential, or any other damages arising out of or in connection with the service or materials provided hereunder.
e. The Subscriber assumes the sole responsibility for all use of FDAPetitions.com and agrees to indemnify and hold Parry Ashford Inc. harmless from any liability or claim of any person arising from such use.
Your privacy and the confidentiality of your use of FDAPetitions.com are important to us. Parry Ashford Inc. does not: (a) collect any personal information of Subscribers except that which the Subscriber furnishes to Parry Ashford Inc. in the course of subscribing or communicating with Parry Ashford Inc.; (b) use any information it may collect from Subscribers except for billing or other administrative purposes; (c) sell or otherwise transfer any such information to any third party except if it is legally required to do so such as by subpoena or court order, or in the event that there is a change in its ownership or corporate structure; or (d) intentionally monitor or track the browsing patterns of Subscribers or usage of the website by Subscribers, except if it has reason so suspect that a Subscriber or user may be violating the terms and conditions of usage of the site. The site will place cookies on the user’s computers for user log-in convenience only and is subject to the above terms.
a. The obligations of the Subscriber under this Agreement or under the law with respect to copyright and other protections of the publications or any other intellectual property that is part of or associated with FDAPetitions.com or FDAPetitions.com content, including but not limited to the obligations set forth in Section 6 of this Agreement, shall survive the termination or expiration of any subscription term.
b. This Agreement including Confirmation E-mail constitutes the entire agreement of the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. Only a written instrument signed by both parties may amend it; electronic signatures are acceptable when agreed to by both parties. Without limitation of the foregoing, any purchase order or other instrument that the Subscriber may issue for FDAPetitions.com is for the Subscriber’s internal purposes only and will in no way modify, add to or subtract from the terms and conditions provided herein.
c. The Subscriber may not assign or transfer its rights under this Agreement unless to a successor organization.
d. This Agreement will be governed by the laws of the State of Florida. However, any action arising out of or relating to this Agreement or FDAPetitions.com may be brought in courts situated in Florida, and the parties consent to the jurisdiction of such courts.