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If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you don’t click “I AGREE” you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process or clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree as follows:
Access Authority and Conditions.
Subject to compliance with each of the terms of this Agreement, Canon Communications LLC (“Canon”) agrees to permit you a limited, personal, terminable, non-transferable, non-exclusive right to access the Canon Datamine (the “Database”) via the website
(the “Site”) for the purpose of viewing and/or downloading a single copy of a lead (collectively "Records") solely for your use. Following are certain requirements and limitations regarding such access:
The Database is to be accessed and used solely by you and designated employees/members of your company. Upon Canon’s receipt of your
enhanced listing package, you will be provided with a unique password that will permit You to access the Database. You may not provide your password or otherwise permit access to the Database to any third party. You may download, one at a time by adding them to your “cart” and then selecting the download option. Please note that the term "download" shall include: (i) viewing or clicking on a Record; (ii) saving a Record; (iii) printing a Record’s contact information; (iv) emailing or forwarding a Record; and/or (v) any other action that results or could result in Your use of a Record or any of the information contained therein. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).
You may not use the Database in any way which, in Canon’s sole judgment, adversely affects Canon’s business, business prospects, the performance or function of the Site or the Database, or interferes with the ability of other users to access the Database.
Canon may terminate, suspend, update, alter or supplement, at its sole discretion, and without any liability to you, all or any part of the Database at any time. By permitting access to the Database, Canon does not convey any interest in or to the Database or any other Canon property or services. All right, title and interest in and to the Database is and shall remain in Canon.
General Rules of Conduct.
Your use of the Services is subject to all applicable local, state, national laws, and regulations of the United States or any other country, and you agree not to violate such laws and regulations.
Disclaimer of Warranties.
THE DATABASE SUBSCRIPTION AND USE OF THE DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE DATABASE. THE DATABASE IS GIVEN OR ASSUMED BY CANON OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CANON MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RECORDS. CANON DOES NOT WARRANT THAT YOUR USE OF THE DATABASE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
Limitation of Liability.
IN NO EVENT WILL CANON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF CANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL CANON’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE US DOLLAR ($1.00).
You will, at Your sole cost and expense, indemnify and hold Canon, and its parents, subsidiaries, affiliates and its assigns and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the Database, or any breach or alleged breach of the terms hereof in any manner. You shall permit Canon to participate in any such action to the extent that, in Canon’s judgment, Canon may be prejudiced thereby, and You shall not settle any such action without the prior written consent of Canon.
Cannon reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements or limitations in its sole discretion at any time by posting a revised version hereof on the Site or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted on the Site or otherwise made available as described above. Your continued use of the Database after posting or availability constitutes Your agreement to the revision.
You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement and to bind the company on whose behalf the Database is used.
Controlling Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in New York, NY, and the parties consent to such jurisdiction. Any disputes relating to this Agreement shall be undertaken individually and without participation in any class or mass action.
Canon shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.
You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be null and void.
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto.
If you have forgotten your password, you can request to have your password emailed to you.