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RULES OF
USE:
In consideration of
the terms and conditions of ObituaryRegistry.com database
access, Subscribers agree to the Rules of Use as follows:
SUBSCRIPTION SERVICES -
AFAC will issue a “User Name” and “Password”
to Subscribers. The User Name and Password will permit access to perform
unlimited searches of the “ObituaryRegistry.com” databases of death
records by using all search fields available at the appropriate
subscription level, including some or all of the following: Name,
Social Security Number, City and State of Residence, Date of Death,
State of Newspaper Publication and Keywords search criteria.
RULES & RESTRICTIONS -
Subscribers agree to honor the following rules and restrictions for using the database.
The User Name and Password may be used only by "Authorized
Personnel" to obtain records that relate to the general mission of
the Subscriber's organization, as described on the Order Form.
"Authorized Personnel"
varies by subscription level.
Colleges and Universities are entitled to share the password
only between Advancement, Development and Alumni Offices. The
subscribing Department can determine how the password will be
distributed.
For Business Subscribers,
"Authorized Personnel" is established at the time of subscription,
based on proposed database use.
Genealogy Subscribers are
limited to non-commercial use of the databases and may not share
their passwords under any circumstances.
The
individual death records obtained from the ObituaryRegistry.com
databases are public and may be shared within the Subscribers'
organization. However database searches may not be performed for,
nor may the lists or other information resulting from such searches
be shared, sold, or otherwise transmitted or transferred to any
other entity, individual or business outside of the Subscribers' organization.
FEES - Subscribers agree to pay to AFAC the applicable “Access
Fees”. Payment may be made by check, money order or major credit card
and is due monthly or annually, in advance.
MEMBERSHIP TERM – One year, commencing on the Effective Date,
unless otherwise earlier terminated pursuant to a default (as set
forth below). The Effective Date will be the first day of the month
following the issuance of the Password and User Name.
NON-EXCLUSIVE PROVISION OF SERVICES -
Subscribers acknowledge and
agree that the Services provided by AFAC are non-exclusive and that
nothing herein shall restrict AFAC from providing the Services to
any other individual and/or entity.
NO WARRANTY; LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AFAC MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE DATABASE,
ACCESS TO THE DATABASE OR THE ACCURACY OF THE INFORMATION CONTAINED
IN THE DATABASE. USER AGREES TO HOLD AFAC HARMLESS FROM ANY CLAIMS
IT MAY HAVE WHATSOEVER, IN LAW OR IN EQUITY, AGAINST AFAC AND/OR
DAMAGES IT MAY INCUR AS A RESULT OF THE INACCURACY OF SUCH
INFORMATION.
IN NO EVENT SHALL AFAC BE LIABLE UNDER THIS AGREEMENT FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO
BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR
GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE.
DEFAULT AND REMEDIES
1. By Member - Failure to (i) pay the Access Fee by the 10th day of
a month; or (ii) comply with the Rules & Restrictions (as set forth
above), shall, at AFAC’s option, constitute a default under this
Agreement. AFAC’s remedies in the event of such a default include,
but are not limited to, any unpaid balance of the Agreement plus
costs of collection including reasonable attorney fees, and/or
termination of access to the Database.
2. By AFAC - Failure by AFAC to update and/or provide Access to the
Database for in excess of 72 consecutive hours may, at the option of
Member, constitute a default under this Agreement. Member's sole
remedies include terminating this Agreement and requesting a
pro-rated refund of any pre-paid Access Fee.
NOTICES – Any “Notice” required or permitted under this
Agreement shall be deemed given (i) 3 days after deposit in the U.
S. Post Office, by certified mail, or (ii) upon constructive receipt
by the party to be notified if sent via email or facsimile.
GOVERNING LAW; VENUE - This Agreement and all questions
relating to its validity, interpretation, performance and
enforcement shall be governed by and construed in accordance with
the laws of the [Commonwealth of Pennsylvania].
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