Subscription Agreement for Weissmann Reports
WEISSMANN REPORTS END USER LICENSE AND PRIVACY AGREEMENT
PLEASE READ THE FOLLOWING AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE (THE "SITE"). THE SITE IS THE PROPERTY OF NORTHSTAR TRAVEL MEDIA, LLC., D/B/A WEISSMANN REPORTS (HEREINAFTER "WR" OR "LICENSOR") AND IS LICENSED TO AUTHORIZED USERS (WHICH ARE DEFINED AS RETAIL TRAVEL AGENCIES OR CORPORATE TRAVEL DEPARTMENTS WHO HAVE AGREED TO THE TERMS OF THIS LICENSE AGREEMENT AND MAY HEREINAFTER BE REFERRED TO AS "YOU", "YOUR", OR "LICENSEE"). USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS HEREIN, UNLESS YOUR USE IS COVERED UNDER A SEPARATE WRITTEN LICENSE AGREEMENT SIGNED BY WR.
BY CHECKING THE BOX NEXT TO THE AGREEMENT DURING REGISTRATION AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF YOUR ORGANIZATION. WR EXPRESSLY DOES NOT AGREE TO LICENSE THE PRODUCT TO YOU UNLESS YOU ASSENT TO THIS AGREEMENT.
This Agreement sets forth the terms and conditions under which You are entitled to use the accompanying WR Site. The Site includes all the electronic files and content, including, without limitation, databases, code, business logic, routines and software applications, content, logos, photographs, video, audio, text and other graphics both in its current form and any future modified versions, upgrades, updates, or additions which may from time to time be incorporated by WR with or without notice to you.
Copyright: The Site is copyright 2008 by NORTHSTAR TRAVEL MEDIA.
1. Use of the Site: Licensee may use the Site provided that all the computers or terminals are located at one site set forth in the WR order form completed by Licensee prior to receipt of the Site (the "Site of Usage").Upon acceptance of the order form, you will be issued a user ID and password.
Each user ID permits one person to access the Web site, and sharing the same ID is not permitted.
You can purchase additional user names and passwords for concurrent access to Weissmann Reports from www.weissmann.com.
Subject to the terms and conditions in this Agreement, the Licensee may use the Site to access and read data supplied and may create and print out hard-copy (paper) destination reports or e-mail destination reports, in the format generated by the Site, for the personal use of the Licensee's clients. Licensee is prohibited from making hard-copy destination reports for distribution at any site other than the address indicated as the Site of Usage. It is not permitted, for instance, to make copies for use by a travel agency whose physical location is different from the Site of Usage, even if that agency is owned, in total or part, by the same party that is licensing the Site. Under the terms of this Agreement, permission to make hard-copy destination reports is restricted to retail travel agents and corporate travel departments. You are to use the site for legal purposes only. You understand that WR has developed the Site through a substantial expenditure of effort, time and money and that any violation by you of this Agreement deprives WR of its reasonable expectation of benefits from such investment. Violations of this Agreement will be vigorously pursued by WR.
2. Ownership. The Site is the sole and exclusive property of WR. The Site, including without limitation, the databases contained therein, is proprietary to WR and/or its affiliates, suppliers, and licensors, who retain exclusive title to and ownership of the copyrights, trademarks, trade secrets and other intellectual property rights in the Site. These rights are protected by the national and state copyright, trademark, trade secret and other intellectual property laws of the United States and international treaty provisions. You have no ownership rights in the Site. No part of the Site, including without limitation the databases contained therein, may be modified, adapted, copied or distributed in hardcopy or machine-readable form without prior written consent from WR. Any copy that you are permitted to make hereunder must contain the same copyright and other proprietary notices that appear on or in the Site. You also agree not to reverse engineer, recompile, disassemble or otherwise attempt to discover the source code of the Site. All rights not expressly granted to You herein are expressly reserved by WR. Any other use of the Site by any person or entity is strictly prohibited and a violation of this Agreement.
No transfer of the license granted hereunder is permitted without the prior written consent of WR and in the event of any permitted transfer, the other party must unconditionally accept the terms and conditions of this Agreement.
3. Updates, Modifications and Support: Any future modified versions, upgrades, updates, or additions may from time to time be incorporated by WR with or without notice to you or breach of this Agreement. The functionality, design or content of the site may change at any time without notice to you or breach of this Agreement. WR will provide technical support to the Licensee, via phone or e-mail, for the Site, for the term of this Agreement. Technical support is available Monday through Friday 9AM to 5PM Eastern Standard Time.
4. Term and Fees: The term of this Agreement shall be for one year with the option to pay in monthly installments, depending on the original agreement, beginning on the date that the Site is received by the Licensee, and is renewable on an annual basis provided that Licensee continues to comply with all the terms of this Agreement including the payment of any required annual or other periodic License Fee as set forth in the WR order form. The license will terminate without further notice if the terms of the license are violated. As of 05/01/05, all new and renewal subscriptions paid by credit card will participate in a Subscriber Advantage Plan which allows automatic renewal on all accounts unless WR is otherwise notified by the subscriber. You will be notified when your account is about to automatically renew. These notifications may come by direct mail or email. It is up to the subscriber to make sure account information is up-to-date and that WR has the correct information on file.
All cancellation requests for renewals must be in writing and either mailed or faxed to Weissmann Reports within 7 days of the renewal term. Cancellation within those 7 days will result in a full refund. All cancellation requests for new accounts must be in writing and either mailed or faxed to Weissmann Reports within 30 days of the original agreement term. Cancellation within those 30 days will result in a full refund. Cancellation requests must be signed and include the account number, as well as the reason for canceling.
For monthly subscriptions initiated before 03/15/04, all cancellations will take place 30 days after receipt of cancellation request. During this 30-day period, the Licensee will be charged once more.
NORTHSTAR Travel Media may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance or by posting the changed fees on Weissmann Reports under the My Weissmann Section. It is your responsibility to check the current fees.
5. Limited Warranty and Disclaimer, Limitations of Remedies and Damages:
YOU ACKNOWLEDGE THAT THE SITE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE SITE AND ANY ACCOMPANYING MATERIALS ARE LICENSED "AS IS". ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. WR DOES NOT WARRANT THE ACCURACY OF THE CONTENT OF THE SITE OR PROVIDE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE EXPRESS OR IMPLIED. FROM TIME TO TIME ACCESS TO THE SITE MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR ANY REASON, WHETHER OR NOT THE FAULT OF WR, WITHOUT BREACH OF THIS AGREEMENT. WR IS NOT RESPONSIBLE FOR THE LOSS OR DAMAGE OF ANY OF YOUR FILES OR RECORDS ASSOCIATED WITH THE SITE.
YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REFUND OF SUCH PORTION OF THE PURCHASE PRICE AS HAS NOT BEEN USED. IN NO EVENT WILL WR OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF WEISSMANN REPORTS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEISSMANN REPORTS'S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE AMOUNT OF MONEY PAID FOR THE SITE THAT CAUSED THE DAMAGE.
The above limitations may not apply in case of personal injury where and to the extent that applicable local law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for consequential or incidental damages, the above limitations may not apply to you.
6. General Provisions: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to the principles of conflict of laws thereof, and the parties consent to the jurisdiction of courts situated in the Commonwealth of Massachusetts in any action arising under this Agreement.
This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter thereof. Any representation, promise, warranty, covenant or undertaking not expressly set forth in this license shall not be deemed a part of the Agreement or otherwise legally effective. This Agreement may only be modified by a writing signed by an authorized officer of WR, although WR may vary the terms of this Agreement in conjunction with any modification or update of the Site.
If any term or condition of this Agreement is determined to be invalid or unenforceable in whole or in part, then it will not affect the validity of the balance of the Agreement which shall remain valid and enforceable in accordance with its terms.
Weissmann Reports, Winston-Salem, NC, USA