Legal Statement for USDataLibrary.com

Terms of Use

Important – Read Carefully

This Site is owned and operated by USDataLibrary.com on behalf of itself and its subsidiary and affiliated companies (“USDataLibrary.com”) and is made available to users subject to the user’s compliance with these Terms of Use.

These Terms of Use is a legal agreement (“Terms of Use” or “Agreement”) between you (either as an individual or any other legal entity, (referred to as “Subscriber,” “you,” “your” or “user”)) and USDataLibrary.com. Access and use of any USDataLibrary.com website (“Site”) and/or USDataLibrary.com’s data, information and/or software products and services (“USDataLibrary.com Product(s)”) is subject to, and governed by, this Agreement. By accessing or using the Site or by accessing, downloading and/or using any USDataLibrary.com Products, you confirm your agreement to and acceptance of these terms. USDataLibrary.com reserves the right to update the Agreement at any time without notice to you.

Notwithstanding anything to the contrary contained herein, certain USDataLibrary.com sites including, but not limited to password protected sites may contain terms of use in addition to or different from the Agreement and the terms of use posted on such sites shall apply in case of conflict with this Agreement. Further, if a written agreement exists between USDataLibrary.com and the user (or the user’s employer) governing the use of USDataLibrary.com Products, such written agreement shall supersede these Terms of Use in their entirety.

Section 1: Access

USDataLibrary.com has the option to terminate your Site access, without notice for (a) any conduct, that USDataLibrary.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or USDataLibrary.com; (b) an attempt to disrupt or interfere with USDataLibrary.com’s servers, networks, computer programs, information or services; and (c) if you attempt to use, disclose or disseminate any USDataLibrary.com Product or information in violation of this Agreement. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable national, federal and state laws. In addition to any other remedies available to USDataLibrary.com hereunder, at law or in equity, if USDataLibrary.com determines that Subscriber has allowed or committed access in violation of this Agreement, then USDataLibrary.com may halt, restrict or limit subscription access or duration to the USDataLibrary.com Products, require additional user registration or authentication information, or charge additional charges, for which Subscriber will be solely responsible to pay.

Section 2: Third Party Links and Sites

Linkage of this Site to another requires USDataLibrary.com’s prior written approval. This Site may contain links to other Internet sites, resources and/or sponsors of the Site. USDataLibrary.com does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites.

Section 3: USDataLibrary.com Products Licensing Terms

Registration

You become an authorized user and licensee (referred to as “you” or “Subscriber”) of specifically ordered USDataLibrary.com Products by accessing, downloading and/or using any USDataLibrary.com Products. For certain USDataLibrary.com Products, you may be required to register by (1) completing the registration process; and (2) agreeing to all the provisions of the Terms of Use together with any terms and conditions that are product specific.

You must use your full legal name (and the full legal name of your company) when registering and subscribing. You must also give your title and address of your company. USDataLibrary.com may assign a separate identification (“ID”) and password for each authorized user within the company to access the subscribed product or may provide one password for each company, in which case such password may only be shared with your company’s authorized users at the licensed site. You agree to inform USDataLibrary.com in writing when any authorized user of your company (a) ceases employment with your company; or (b) is no longer an authorized user. You agree that you will be responsible for and liable for any expenses, costs, liabilities, and damages incurred by unauthorized access to your account and/or failure to so inform USDataLibrary.com.

Rights of Use: (1) Subject to the other terms of this Agreement, USDataLibrary.com grants to Subscriber a nonexclusive, nontransferable, nonassignable, revocable right and license to use, but not to own, the USDataLibrary.com Product for a specific term of years (“Term”) as agreed between the parties in writing.

(2) The Subscriber agrees to hold USDataLibrary.com Products in strict confidence and shall not reproduce, license, sell, reveal, disseminate or make USDataLibrary.com Products accessible in whole or in part, in any manner whatsoever, to others. Other than as set forth herein, Subscriber may not permanently retain any USDataLibrary.com Product in any file or on any hard drive, server or other form of memory. No USDataLibrary.com Product may be used to make a commercial product, in whole or in part. The Subscriber must not remove any proprietary legends or markings, including copyright notices, electronically encoded information, watermarks, or any USDataLibrary.com-specific markings.

(3) USDataLibrary.com Products – Data (“USDataLibrary.com Data Products”): The Subscriber may store in memory, manipulate, analyze, reformat, print and display USDataLibrary.com Data Products for the Term of this Agreement, but such use may only be for internal business purposes and not for retransmission, license, sale, distribution or use by or for third parties.

USDataLibrary.com Products – Software (“USDataLibrary.com Software Products”): The Subscriber may make one copy of the software for archival/back-up purposes, but shall not reverse engineer, recompile, decompile, alter or modify the USDataLibrary.com Software Product. For purposes hereof “archival” means only one copy that is not accessed on a day-to-day basis for reference or other purposes and is only used in emergency situations, such as when Subscriber’s access to USDataLibrary.com’s electronic access is unavailable.

(4) Security Measures: USDataLibrary.com may impose whatever security measures it reasonably deems appropriate to ensure compliance with this license, including covert and overt copy-detection and license awareness technology and encoding of requestor/user information in printed and electronic formats.

(5) Custom Collections: USDataLibrary.com Products combined at Subscriber’s request (“Custom Collections”) generally update automatically. USDataLibrary.com will charge the full charge for any USDataLibrary.com Product additions to a Custom Collection requested after the initial Term or any renewal term begins. Subscriber receives no credit for cancelled, superseded, or “replaced” USDataLibrary.com Products mid-term. No document substitutions are allowed after the initial Term or any renewal term begins.

Payment: The Subscriber is responsible for all charges incurred in connection with its account, all applicable taxes, delivery charges, telephone, hardware and connection charges. All charges are non-refundable. The Purchase Order indicates Subscribers invoice frequency options. All charges are payable on net ten (10) day terms from the date of invoice. If any payment is not made when due, then the entire amount shall immediately become due and payable upon written notice. The Subscriber is liable for all collection and reasonable attorneys charges arising from USDataLibrary.com’s efforts to collect any past due amounts. USDataLibrary.com may impose interest on past due sums at the lesser of the maximum legally chargeable interest rate or 18% per annum or in accordance with the Prompt Payment Act, whichever is applicable. Payments by Electronic Funds Transfer (MAR I-FSS-1998) (GSAR 552.232-70) and Payments By Purchase Card (DEC 1989) (VARIATION I-MAR 1998) (GSAR 552.232-80) are incorporated herein by reference. If any price or service in the Purchase Order is subject to Subscriber's participation in any special programs, discontinuance of Subscriber's participation in those programs will cause the prices and services associated with those programs to revert to the undiscounted price. The Subscriber agrees that USDataLibrary.com may revise charges on sixty (60) days written notice, prior to the end of the initial or any renewal term. The Subscriber will not receive credit or refund in any form, for any unused usage upon termination of the Purchase Order. To protect from unintentional accrual of ONLINE charges, USDataLibrary.com’s system may automatically log off after a set time period of inactivity.

Termination: (1) Term and Termination of your license to use the USDataLibrary.com Product shall be governed by the specific terms of the USDataLibrary.com Product-specific Purchase Order, or, if a Purchaser Order is not issued to the Subscriber, the terms of this Agreement shall govern. Unless otherwise specified by a particular USDataLibrary.com Product-specific agreement, you may terminate your account or this Agreement at any time by giving written notice to USDataLibrary.com at the address set forth above and discontinuing all use of your account and the USDataLibrary.com Product. If a Purchase Order makes provision for Term renewal and so long as Subscriber is not in breach of this Agreement, this Agreement will renew for successive renewal terms equal in length to the initial term, but in no event less than 1 year, unless Subscriber provides USDataLibrary.com with written notice of its intent not to renew no less than 30 days prior to the end of the initial or any renewal term. Termination under this subsection will be effective on the day USDataLibrary.com receives notice of termination. Any attempt to terminate this Agreement less than 30 days prior to the end of the initial or renewal term will result in cancellation charges.

(2) Upon expiration or termination of this Agreement for any reason, Subscriber will (i) discontinue all use of USDataLibrary.com Product(s); (ii) destroy any items relating to USDataLibrary.com Product (including but not limited to data, software, and documentation) and purge any USDataLibrary.com Product data from all electronic media; and (iii) provide written notice to USDataLibrary.com certifying that Subscriber has complied with this paragraph. In the event of termination, you will remain bound by applicable use, confidentiality, nondisclosure and indemnity sections of this Agreement.

Non-renewal: For USDataLibrary.com Products subject to a specific term (of years) and renewal and where stated on the Purchase Order, Subscriber may notify USDataLibrary.com of its intent not to renew by providing USDataLibrary.com with written notice no less than 30 days prior to the end of the initial or any renewal term without incurring any cancellation charges. Such request will become effective at the end of the initial term or any renewal term. If Subscriber notifies USDataLibrary.com of its intent not to renew in writing and such request is received by USDataLibrary.com less than 30 days prior to the end of the initial or any renewal term, Subscriber must pay 50% of the charges applicable to the renewal term. If Subscriber notifies USDataLibrary.com of its intent not to renew at any time after the commencement of the renewal term, Subscriber must pay termination charge as set forth herein. Subscriber will be subject to a termination charge of 65% of the total renewal charges for failure to provide timely notice for renewal or non-renewal as required herein, which Subscriber acknowledges is a termination fee and not a penalty.

Audit: Upon reasonable notice by USDataLibrary.com to Subscriber, and not more than once annually (unless prior violations have been discovered), USDataLibrary.com may audit relevant records (and computer usage) at Subscriber’s location during normal business hours to enable USDataLibrary.com to ensure Subscriber’s compliance with the license.

Non-Assignment or Transfer: This Agreement and the benefit of the rights granted to and the obligations undertaken by Subscriber under this Agreement may not be assigned, delegated or in any other manner transferred by Subscriber, by operation of law or otherwise, without the express prior written consent of USDataLibrary.com and any necessary recalculation of charges, which may be withheld in USDataLibrary.com’s sole discretion. Subscriber may not grant affiliates, subsidiaries or successors-in-interest any right to use USDataLibrary.com Product(s) hereunder without USDataLibrary.com’s express prior written consent, which may be withheld in USDataLibrary.com’s sole discretion, and an increase in charges. Any such attempted assignment, delegation or other transfer will be null and void.

U.S. Government Restricted Rights: If a USDataLibrary.com Product is licensed or accessed by the U.S. Government or on its behalf, the USDataLibrary.com Product is furnished with RESTRICTED RIGHTS. Use, duplication or disclosure of the data and/or software included in USDataLibrary.com Product by the U.S. Government and parties acting on its behalf is governed by, and subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Any duplication authorized by Subscriber’s license must contain the appropriate legends relating thereto.

Section 4: Indemnity

The Subscriber agrees to indemnify and hold USDataLibrary.com, its affiliates, subsidiaries, parents and third party vendors from whom USDataLibrary.com has obtained marketing rights, harmless from and against any claims, damages and expenses, including legal and professional fees, arising from or in connection with all use of the Site or the USDataLibrary.com Product under the Subscriber's password even if the Subscriber allows some other person to use his, her or its password or the license terms and conditions.

Section 5: Disclaimer of other Warranties

USDataLibrary.com Products are provided “AS IS” and use of and access to the USDataLibrary.com Products and the Site is at Subscriber’s sole risk, and USDataLibrary.com DISCLAIMS, NEGATES AND NULLIFIES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. USDataLibrary.com does not guarantee that access to an USDataLibrary.com Product will be uninterrupted, available, accessible or error free or that the Site or USDataLibrary.com Product will be free of infection by “viruses”, “worms”, “Trojan horses” or other contaminating or destructive properties. Section 8:

Section 6: Limitation of Liability

Neither USDataLibrary.com nor its third party providers are or shall be liable to the Subscriber or any other party in contract, tort or otherwise or for any damages, including without limitation, direct, indirect, special, lost profit, punitive, incidental or consequential damages, arising out of or in connection with this Site or the use of an USDataLibrary.com Product, even if advised of the possibility of such damages. Subscriber assumes the sole responsibility for its use of the USDataLibrary.com Products.

Section 7: Export Compliance

The Site and USDataLibrary.com Products may contain information and software that is controlled for export under applicable United States laws and regulations. USDataLibrary.com does not warrant that the service or information contained in the Site or USDataLibrary.com Products may be accessed by non-U.S., citizens or downloaded to points outside of the United States without the prior approval of the United States Government. Subscriber is responsible for compliance with applicable laws and regulations, including the U.S. laws and regulations governing export and re-export of goods and services.

Section 8: Injunctive Relief

Subscriber further agrees that a breach or threatened breach by Subscriber would irreparably harm USDataLibrary.com in a way that could not be adequately and compensated for by damages. Consequently, USDataLibrary.com shall have the right, in addition to any other rights or remedies it may have arising out of the breach, to obtain temporary, preliminary and permanent injunctive relief without the necessity of proving actual damages and without any bond or other security being required.

Section 9: Privacy Policy

This Privacy Policy is incorporated into and is a part of the Terms of Use; it describes USDataLibrary.com's policies and procedures for the collection and use of personal information provided by the user.

USDataLibrary.com may collect and use personally identifiable information directly from the user when the user voluntarily enters information during the registration process, and use of the Site may also result in personal data being collected, processed and transferred to USDataLibrary.com entities in countries whose laws may provide only limited protection for such personal data. USDataLibrary.com does not sell, rent or lease its user lists or information to third parties. The types of personally identifiable information that USDataLibrary.com may collect include your e-mail address, internet domain, IP address, full name, title, company affiliation, address, and work phone numbers. By using or accessing the Site, the user expressly consents to any collection, processing, use or transfer of such personal data. USDataLibrary.com currently uses the information for the purposes of providing the user with information or products requested by the user, for providing information on extent of user, whether or not requested by user, to provide customized product and service information, and to allow the user to voluntarily participate in mailings, sweepstakes, promotions or other events. By accessing or using the Site, you also agree that you may be unable to access such information, correct inaccuracies or remove personal information. USDataLibrary.com will not be liable to the user or any third party for damages resulting from the use, transfer or collection of any personal information. USDataLibrary.com may store the content and disclose it if required to do so by law, to respond to claims that any content violates third party rights or to protect the rights, property or personal safety of USDataLibrary.com, the users and the public.

USDataLibrary.com may also disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with legal process served on USDataLibrary.com; or (ii) protect and defend USDataLibrary.com's property rights in and to its Products, or the security or safety of its users and Site.

USDataLibrary.com reserves the right to collect user information via "cookies." Cookies are text files placed by a user's browser by a web server to the user's hard disk, and are an industry standard used by most major websites. They cannot be used to run programs or deliver viruses to your computer. Users have the option to set their browsers so that they have the ability to refuse cookies.

We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires. We may store your personal information in our customer management system and may send you information about our products and services. You may opt out of receiving such information by sending a written request to USDataLibrary.com, PO Box 116744, Carrollton, Texas, 75011-6744, USA, Attn: Customer Service.

If you are an individual resident in a Member State of the European Union, you acknowledge and agree that USDataLibrary.com may collect, use and disclose your personal data as described in this Privacy Policy and any amendments hereto. You also acknowledge and agree that USDataLibrary.com may transfer your personal data outside of the European Union for purposes described in this Privacy Policy. You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

If you are under 13 years of age and you wish to post or submit information to the Site, USDataLibrary.com requires that your parent or legal guardian send a written request to: USDataLibrary.com, PO Box 116744, Carrollton, Texas, 75011-6744, USA, Attn: Customer Service.

Section 10: Entire Agreement

These Terms of Use sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any prior agreements, promises, representations, understandings and negotiations between the parties, including terms or conditions on any other purchase order issued by or to Subscriber. Any modifications, amendments, supplements to or waivers of this Agreement must be in writing and executed by authorized representatives of both parties. These Terms of Use may not be altered by action, inaction or course of dealing between the parties. These Terms of Use may only be altered by (a) prior written mutual agreement between USDataLibrary.com and Subscriber; or (b) USDataLibrary.com posting revisions on the Site. Where English Law applies to this Terms of Use, nothing herein shall operate to limit or exclude any liability of either USDataLibrary.com or Subscriber which by law it cannot exclude, including fraud and fraudulent misrepresentations. Notwithstanding anything to the contrary herein, where Subscriber has executed a written agreement with USDataLibrary.com and has its access governed by “single site sign-on,” the terms and conditions of such written agreement shall govern and supersede the terms and conditions of this Agreement.

Section 11: Third Party Rights

Where English Law applies to these Terms of Use, no term is intended for the benefit of any third party and neither USDataLibrary.com nor Subscriber intends that any term should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise.

Section 12: Notices

Any notices from USDataLibrary.com required or permitted will be given to you by: (i) electronic mail to your address indicated on the registration form; or (ii) conventional mail to your billing address. Any notices you are required or permitted to give to USDataLibrary.com may be sent to USDataLibrary.com, re: [name of USDataLibrary.com Product], PO Box 116744, Carrollton, Texas, USA, 75011-6744. No amendment to or modification of this Agreement will be binding unless in writing and signed by USDataLibrary.com.

Section 13: Governing Law

The laws of the State of Texas (for users located in the United States), or the laws of England (for users located outside the United States) shall govern the interpretation and disputes arising from or related to this Agreement.

Trademarks/Copyright Notices

The Site may contain the copyrighted property of USDataLibrary.com, 2005-2006, USDataLibrary.com and its affiliated and subsidiary companies, all rights reserved. Microsoft Windows®, Excel®, and Word® are registered trademarks of Microsoft Corporation. NYSE® is a registered trademark of The New York Stock Exchange. All other trademarks and service marks, unless specifically noted, belong to USDataLibrary.com and its affiliated and subsidiary companies.

USDataLibrary.com’s trademarks and service marks include but are not limited to, USDataLibrary and USDataLibrary.com

USDataLibrary.com’s headquarters are located at PO Box 116744, Carrollton, Texas, USA, 75011-6744. USDataLibrary.com maintains the Site primarily through servers located in the U.S.A.

USDataLibrary.com’s affiliated and subsidiary companies include but are not limited to, Crutchfield Enterprises, Inc. and GASearch Energy Intelligence. .

Notice

This site is owned and operated USDataLibrary.com (USDataLibrary.com) and is made available to users subject to the users' compliance with the USDataLibrary.com Internet Terms and Conditions set forth on this site under the heading Terms and Conditions. Please read the USDataLibrary.com Internet Terms and Conditions before accessing or using this site. By accessing or using this site, you agree to be bound by the USDataLibrary.com Internet Terms and Conditions.

Use restrictions

The data contained on this site is provided for the subscriber's internal use only. Neither the databases nor any part thereof may be copied, downloaded, stored in a retrieval system, published, transmitted or otherwise reproduced, transferred, stored, disseminated, used as a component of or a basis for a database or otherwise used, in any form or by any means, except as expressly provided in the USDataLibrary.com Internet Terms and Conditions.

Limitation of Warranty and Liability

USDataLibrary.com does not warrant that the use of this site, including without limitation, the databases and/or software will be uninterrupted or error free, or that the results obtained will be successful or will satisfy user's requirements.

The data in this site is compiled from materials furnished to USDataLibrary.com by outside sources and should be used as a reference source only. No representations or warranties are made as to completeness or accuracy.

All Warranties (Including Any Warranties of Merchantability or Fitness for a Particular Purpose) Are Hereby Expressly Excluded.

The liability of USDataLibrary.com, its affiliates and its suppliers, if any, shall be limited to the paid subscription price for access to the site that gave rise to subscribers claim. In no event shall USDataLibrary.com, its affiliates or suppliers have any liability for lost profits or any other indirect, special, incidental, consequential, or punitive damages.

Trademarks

USDataLibrary.com, , the USDataLibrary.com logo, are trademarks of USDataLibrary.com

Proprietary to and (c) [years of publication, e.g., 2005] USDataLibrary.com, its subsidiary and affiliated companies, all rights reserved. The Terms of Use of this web site prohibit the use of any crawler, robot, spider, scraper or any other automated means to access the contents of this site. Any republication or dissemination of the contents of any screen on this Site is prohibited without the prior written permission of USDataLibrary.com. Use (including viewing) of the material contained herein constitutes acceptance of these Terms of Use.

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