SUBSCRIBER AGREEMENT FOR THE MARIANAS BUSINESS JOURNAL ONLINE
THIS AGREEMENT WAS LAST UPDATED ON MAY 31, 2004.
PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT BELOW. This Subscriber Agreement governs your use of The Marianas Business Journal Online, which is an electronic news and information services from Glimpses of Guam Inc..
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing. The changes also will appear in this document, which you can access at any time by selecting Help, then Policies and Agreements, followed by Subscriber Agreement. Your use of MBJGUAM.net after changes are made to this Agreement means that you agree to be bound by such changes.
3. Fees and Payments. You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for MBJGUAM.net (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription Fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed MBJGUAM.net using your user name and password without your authorization, you must call Glimpses of Guam Inc. at the telephone numbers posted at Help. You are responsible for any fees or charges incurred to access MBJGUAM.net through an Internet access provider or other third party service.
If you are authorized to access MBJGUAM.net through arrangements between your employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
4. Renewal. Your subscription will renew automatically, unless we terminate it or you notify us by telephone or mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of Subscription Fees for the renewal term to your credit card.
5. Limitations on Use.
a. Only one individual may access MBJGUAM.net at the same time using the same user name or password, unless we agree otherwise.
b.The content available through MBJGUAM.net is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through MBJGUAM.net for your personal, non-commercial use only.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through MBJGUAM.net to anyone, including your fellow employees, with the following two exceptions:
(i) You may occasionally distribute a copy of an article or a portion of an article from MBJGUAM.net in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in MBJGUAM.net, original source attribution, and the phrase "Used with permission from The Marianas Business Journal Online" or "Used with permission from Glimpses of Guam Inc.."
(ii) You may occasionally use our "E-mail This" service to e-mail an article from MBJGUAM.net to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from MBJGUAM.net.
c. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from MBJGUAM.net to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for this and other matters, please contact Glimpses of Guam Customer Service.
d. You agree not to use MBJGUAM.net for any unlawful purpose. We reserve the right to terminate or restrict your access to MBJGUAM.net if, in our opinion, your use of MBJGUAM.net may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. We may link to, or promote, web sites or services from other companies on MBJGUAM.net or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF MBJGUAM.net AND THE CONTENT AVAILABLE THROUGH MBJGUAM.net IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GLIMPSES OF GUAM AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF MBJGUAM.net FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE GLIMPSES OF GUAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE GLIMPSES OF GUAM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
8. General. This Agreement contains the final and entire agreement between us regarding your use of MBJGUAM.net and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of MBJGUAM.net. We may discontinue or change MBJGUAM.net, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Territory of Guam, United States of America applicable to contracts made entirely within Guam and wholly performed in Guam, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or territorial court located in Guam. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.