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BookScoutPRO Terms and Conditions of Use CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. YOUR USE OF THE BOOKSCOUTPRO WEBSITE AND/OR SERVICE (THE "SERVICE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. YOUR USE OF THIS SERVICE IS CONDITIONED UPON COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. BookScoutPRO reserves the right to change or modify these terms at any time. All such changes or modifications will be posted on the website. It is your responsibilty to review these changes or modifications periodically. Your continued use of the service following such changes or modifications constitutes your acceptance in full of such changes or modifications. 1. You are hereby granted a non-exclusive and non-transferable license ("License") to use the Service as long as the terms of this agreement are respected. Any rights granted herein to use any product or service offered by BookScoutPRO is limited to one person per Account, and is not transferable to any other company, entity or individual without the express permission of BookScoutPRO. 2. You hereby agree to keep secure your Username and Password. You hereby agree that you alone are responsible for any use or abuse of your account. If you intentionally or unintentionally, directly or indirectly, disclose your Username and Password to another person, and such disclosure results in any violation of this agreement, you may be subject to account closure, banning, and/or legal action against you, as appropriate. 3. You hereby agree to provide only true, complete and current information and you further agree to update this information as necessary to keep it true, complete and current. 4. You hereby agree to automatic subscription billing by PayPal. You hereby acknowledge that your PayPal account will be charged for your subscription fees both initially and on a recurring basis. In the event there are insufficient funds in your PayPal account to pay your subscription fees, your access to the Service may be curtailed or discontinued, and an additional 'bounce' fee may be applied, at our sole discretion. 5. You hereby agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 6. You hereby agree not send automated queries of any sort to the Service without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Service to retrieve data or web pages (b) "meta-searching" the Service; (c) performing "offline" searches on the Service; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic devices) to access the Service or monitor or copy the Service or any results from the Service. 7. You hereby agree not to interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. Without our prior written permission, you may not: (a) frame the Service, any of its pages, or any results, place pop-up windows over such pages, or otherwise affect the display of such pages. 8. You hereby agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Service or any Content (including without limitation any software) available through the Service, except as expressly provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. 9. The Service relies on the availablility and accuracy of certain 3rd party service providers, including but not limited to Amazon.com. BookScoutPRO will not be held liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, if the Service itself or the information provided is unavailable, compromised or innaccurate due to its reliance on said 3rd party services. You hereby agree and acknowledge that by using the Service, you may be subject to the policies and requirements of such 3rd party providers, including but not limited to, the Amazon AWS Terms of Service. 10. BookScoutPRO hereby reserves the right to change or discontinue any aspect of the the Service, at its sole discretion, at any time, including but not limited to availability, pricing, hours of operation, support for specific devices, hardware or software, or the availability of specific features. BookScoutPRO will not be held liable to you, any other user or any third party for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising from said changes. 11. BookScoutPRO disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the Service results. BookScoutPRO disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. BookScoutPRO disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through BookScoutPRO. 12. You hereby agree to indemnify and hold harmless BookScoutPRO and its affiliates, employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way may result from or arise in any manner out of any act or omission by you in using the Service, including but not limited to any infringement of any third-party proprietary rights. 13. BookScoutPRO and other related trade names, graphics, logos, and service marks used on the Service are the trademarks of BookScoutPRO and may not be used by you without our prior written permission. Notwithstanding the foregoing, trade names or other trademarks contained in the results may belong to third parties, and BookScoutPRO has no control over or responsibility for such trademarks. 14. BookScoutPRO hereby reserves the right to terminate your use of the Service without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Service at any time. In the event your account is terminated for a breach of this agreement you will be ineligible for any form of refund or credit. 15. LIMITED WARRANTY. THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. BOOKSCOUTPRO HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THIS SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOOKSCOUTPRO NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF BOOKSCOUTPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SERVICE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE. 16. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE SUBSCRIPTION FEES PAID TO BOOKSCOUTPRO. 17. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL BOOKSCOUTPRO BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. 18. The Service may contain errors and is not designed or intended for use in on-line facilities, aircraft navigation or communications systems, air traffic control, direct life support machines or weapons systems ("High Risk Activities") in which the failure of the Service would lead directly to death, personal injury or severe physical or environmental damage. You hereby represent and warrant that you will not use the Service for High Risk Activities. 19. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. 20. This Agreement shall be governed by the laws of the State of Colorado, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Colorado. 21. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of Colorado. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 22. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 23. You hereby agree that BookScoutPRO would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that BookScoutPRO shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as BookScoutPRO may otherwise have available to it under applicable laws. 24. You hereby agree that this Agreement is the complete and exclusive statement of the agreement between BookScoutPRO and you and that this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between us. 25. All rights not expressly granted herein are hereby reserved by BookScoutPRO.
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