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Terms and Conditions of Use
Terms & Conditions
<p>SHOOTonline.com&reg; Membership Agreement</p><p>BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS MEMBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.</p><p>Please read the following terms and conditions carefully before completing the enrollment process and agreeing to this Agreement. The Agreement sets forth the terms and conditions on which DCA Business Media LLC (dba &quot;SHOOTonline.com&quot;) will furnish you (&quot;MEMBER&quot;) a limited non-exclusive, non-assignable license to access to SHOOTonline.com&#39;s online services, electronic databases, and ePubs, (collectively the &quot;SERVICE&quot;) as the same now exists or is hereafter modified. By completing this enrollment process, you agree to be bound by the terms and conditions set forth herein, including but not limited to the payment terms and limitations on the use of the SERVICE data.</p><p>1. Ownership and Use<br />Information received by MEMBER from the SERVICE is provided solely for the use of the MEMBER. Unless separately and specifically licensed to do so in writing by SHOOTonline.com, MEMBER agrees not to re-transmit, disclose or distribute any of the information received from the SERVICE, to any other person, organization or entity. MEMBER expressly agrees that the SERVICE shall be used solely for the benefit of the MEMBER and data derived from the SERVICE (including print publications, if applicable) shall not be redistributed by MEMBER. MEMBER acknowledges that all editorial information including but not limited to news, stories, listings and directory information, are the exclusive property of SHOOTonline.com or of third-party partners which have agreed to furnish such information to the SERVICE, and are fully protected by copyright law, including United States copyright laws and the copyright laws of other countries. MEMBER may use the information in the SERVICE under the following terms. SERVICE grants to MEMBER a personal, non-transferable license to use the data contained in the SERVICE for research, planning and marketing related purposes. MEMBER may not use the information for development of data-related products or services, the creation of any database product, or for data provision services.</p><p>2. Fees and Payment<br />MEMBER agrees to make periodic payments in consideration for certain levels of the SERVICE if desired. MEMBER agrees that the length of the period they chose has been determined by the membership plan they agreed to during the sign-up process. The periodic fees will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes will be payable by MEMBER, and may be included in each periodic statement. MEMBER&#39;S use of the SERVICE will be subject to credit limits established for MEMBER&#39;S credit card by the issuer of such card. Notwithstanding any provision herein to the contrary, the interest charged under the terms of this Agreement shall never exceed the maximum rate permitted by applicable law. A copy of the rate schedule is available by emailing info@SHOOTonline.com, or by calling 1-203-227-1699. SHOOTonline.com reserves the right to change the amount of the periodic fees and/or the method in which these fees are billed to MEMBER at anytime upon notice to MEMBER (notice shall be deemed given when such changes are posted on SERVICE). It is understood and agreed that the features of the SERVICE are subject to change without notice to MEMBER. By completing the enrollment process, MEMBER acknowledges understanding that periodic charges will be billed to MEMBER&#39;S credit card. MEMBER also acknowledges understanding that MEMBER will be billed continually in consideration of each period until MEMBER terminates membership to SERVICE. MEMBER may terminate membership to SERVICE at any time by emailing info@SHOOTonline.com, or by calling 1-203-227-1699. Upon receipt of a termination request, SHOOTonline.com shall email confirmation of cancellation to MEMBER. The SERVICE shall be deemed terminated on the last day of the then in effect membership period. MEMBER agrees that the membership fee is non-refundable once paid.</p><p>3. Unauthorized Use<br />MEMBER also agrees that any unauthorized use of the SERVICE (and any data derived therefrom) may result in immediate termination of the Agreement, without refund of any pre-paid fees. MEMBER represents and warrants that the information provided during the membership process is true and accurate. SHOOTonline reserves the right to terminate MEMBER&#39;s access to the SERVICE in the event that MEMBER provides any false information to SHOOTonline.com as part of the membership process, without refund of any pre-paid fees. In the event of such termination, MEMBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which SHOOTonline.com may be entitled.</p><p>4. Password Disclosure<br />MEMBER shall select a unique password to obtain access to the SERVICE. MEMBER shall be solely responsible for the confidentiality and use of the SERVICE using MEMBER&#39;s user name and password. MEMBER shall be solely responsible for any and all activity, including without limitation, any and all charges incurred by a third party under MEMBER&#39;s user name and password. MEMBER shall not share the username and ID with any third party, and MEMBER will provide SHOOTonline.com with accurate, complete registration information (including in particular MEMBER&#39;s e-mail address) and inform SHOOTonline.com of any changes to such information. If at any time MEMBER should learn or suspect that MEMBER&#39;S password has been obtained by a person not authorized by MEMBER to use it, MEMBER agrees to immediately notify SHOOTonline.com Customer Service at 1-203-227-1699 and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, SHOOTonline.com will assign a new temp password to MEMBER without charge.</p><p>5. Delays in SERVICE<br />Neither SHOOTonline.com, nor its respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. SHOOTonline.com will have no responsibility to provide SERVICE to MEMBER during interruptions of SERVICE.</p><p>6. Termination<br />This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. MEMBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, the periodic access/membership fees, per-article charges (if any), and per-report charges (if any) paid by MEMBER are non-refundable. If MEMBER has made an advance payment for access, the advance payment paid by MEMBER is non-refundable, regardless of the reason for cancellation. SHOOTonline.com reserves the right to immediately terminate SERVICE upon failure of MEMBER to make payment when due or if MEMBER violates any of the terms and conditions of this Agreement. This Agreement is not assignable by MEMBER unless such assignment is agreed to in writing by SHOOTonline.com. There shall be no amendment or modification of this Agreement unless the same is in writing and signed by the Publisher of the SERVICE.</p><p>7. Monitoring<br />MEMBER acknowledges and agrees that SHOOTonline.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through the SERVICE. SHOOTonline.com, at its sole discretion and without notice to MEMBER, may review, censor or prohibit the transmission or receipt of any information which SHOOTonline.com deems inappropriate.</p><p>8. Equipment<br />MEMBER shall provide all telephone, modem, internet connection, intranet connection, extranet connection and other equipment necessary to access the SERVICE via MEMBER&#39;S personal computer and the costs of any such equipment and telephone connections or use, including any applicable taxes, shall be borne by MEMBER.</p><p>9. Disclaimer Of Warranty<br />(a) MEMBER acknowledges that all information and services provided in connection with the SERVICE is compiled from and distributed by sources which are often beyond the control of SHOOTonline.com, and it is understood and agreed that SHOOTonline.com makes no warranty, expressed or implied, with respect to the information provided to MEMBER by the SERVICE. SHOOTonline.com also makes no warranty of the continuous availability of the SERVICE. MEMBER, under this Agreement, assumes the risk of errors and/or omissions in the information provided, and in its transmission or translation.</p><p>MEMBER ACKNOWLEDGES THAT NO WARRANTIES, AGREEMENTS, OR REPRESENTATIONS TO THE CONTRARY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE AND NO WARRANTIES EXIST EXCEPT AS SET FORTH IN THIS AGREEMENT. MEMBER AGREES THAT SHOOTONLINE.COM SHALL NOT IN ANY EVENT BE LIABLE FOR INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, COMPENSATORY OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE.</p><p>(b) SHOOTONLINE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES AND/OR PROGRAMS PROVIDED BY SHOOTonline.com TO MEMBER WILL BE ERROR FREE, OR WILL MEET MEMBER&#39;S REQUIREMENTS OR ARE SUITABLE FOR MEMBER&#39;S NEEDS.</p><p>(c) WHILE EVERY REASONABLE EFFORT HAS BEEN MADE TO OBTAIN ACCURATE AND UP-TO-DATE INFORMATION, SHOOTONLINE.COM ASSUMES NO LIABILITY FOR INACCURACIES. SHOOTONLINE.COM RESERVES THE RIGHT TO EDIT ANY SERVICES CONTENT BASED ON EDITORIAL JUDGEMENT.</p><p>(d) MEMBER ACKNOWLEDGES AND AGREES THAT SHOOTONLINE.COM WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES ARE PASSED THROUGH THE SERVICE. HOWEVER, MEMBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAMS WITH A SIMILAR FUNCTION.</p><p>The provisions of this Section 9 shall survive termination of this agreement.</p><p>10. LIMITATIONS OF LIABILITY, INDEMNITY<br />Notwithstanding the enforceability or non-enforceability of any other provision of this agreement, company and MEMBER hereby agree that SHOOTonline.com&#39;s maximum aggregate liability to MEMBER for any claims arising from or related to this agreement, whether in contract, tort or otherwise, shall be limited in an amount equal to (a) $250.00, or (b) ten percent (10%) of all sums paid by MEMBER to company under this agreement; whichever is greater. This provision shall survive termination of this agreement. Upon SHOOTonline.com&#39;s request, MEMBER shall defend, indemnify and hold SHOOTonline.com harmless from any claims and expenses, including reasonable legal fees, related to any breach of these terms by MEMBER or MEMBER&#39;s use of the SERVICE.</p><p>11. Agreement Governs<br />It is understood and agreed by and between the parties that if there is any conflict between this Agreement and MEMBER&#39;S purchase order or any other document not signed by SHOOTonline.com, this Agreement will govern.</p><p>12. Governing Law<br />This Agreement shall be governed by the substantive laws of the State of Connecticut applicable to contracts made and performed in the State of Connecticut. Any action or proceeding arising under this Agreement shall be commenced exclusively in either the courts of the State of Connecticut situated in the County of Fairfield or in the United States District Court for the Southern District of Connecticut; and such action or proceeding must be commenced no later than one year after the accrual of the claim giving rise therein.</p><p>13. Recovery of Fees<br />MEMBER agrees that if Company takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from MEMBER (and MEMBER agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney&#39;s fees and any costs of any litigation.</p><p>14. Entire Agreement<br />MEMBER acknowledges bychecking/clicking &quot;Accept Terms &amp; Conditions of Use&quot; and by completing the &quot;Create New Account&quot;enrollment process, that this Agreement, along with the Terms of Service (TOS) for SHOOTonline.com (&quot;TOS&quot; located here) and SHOOTonline.com Privacy Policy (&quot;Privacy Policy&quot; located here) constitute the entire agreement between the parties. The Terms of Service and Privacy Policy are hereby incorporated into this Agreement. In the event of any inconsistency between this Agreement, the Terms of Service, and the Privacy Policy, the agreements shall take the following order of precedence: 1) Privacy Policy; 2) Terms of Service; 3) This Agreement.</p><p>SHOOT and SHOOTonline are registered trademarks of DCA Business Media, LLC. Copyright &copy; DCA Business Media LLC. All rights reserved.</p>
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