Terms&Conditions

STAR-LEDGER ELECTRONIC DELIVERY

Terms and Conditions

THIS AGREEMENT is made and entered into by and between The Star-Ledger, and NJ.com ("Provider") and you, the Subscriber ("Subscriber").

1. License. Provider hereby grants Subscriber a non-exclusive, non-transferable license to access the Star-Ledger electronic delivery service (the "Service") and to download, print-out, and use the information provided through the Service solely for Subscriber's own personal or internal research purposes. Subscriber shall not publish, distribute, sell, retransmit, broadcast or otherwise reproduce the Service and the information provided through the Service in any way. The Service and all information provided through the Service is and shall remain the sole and exclusive property of Provider or its third party information suppliers. Subscriber acquires no proprietary or ownership interest in the Service or any information provided through the Service. All copyright notices or other proprietary rights notices contained in or associated with the Service shall be preserved by Subscriber.

2. Charges. Subscriber shall pay Provider the charges specified on the Service screen that displays the current charges for access to the Service ("Service Charges"). Subscriber shall pay all applicable taxes related to the Service. Provider shall bill Service charges to Subscriber's credit card that has been pre-approved, pre-authorized or otherwise validated by Provider until notified by subscriber in writing to cancel the service. Provider may increase the Service charges at any time upon written notice to Subscriber. Subscriber is responsible for and shall pay for all costs and expenses related to accessing the Service, including but not limited to, all equipment and software necessary to access the Service, Internet/World Wide Web access and all telecommunications charges related to accessing the Service.

3. Term. By using the Service, subscriber expressly agrees to the terms and conditions of this Agreement. Subscriber may use the Service for the period of time specified on the Service screen that displays the amount of time that Subscribers who pay the Service charges by credit card may access the Service.

4. Use/Information. Provider provides the Service to Subscriber on an "as is" basis. Use of the Service and any information obtained through the Service is at Subscriber's sole risk. Provider disclaims any responsibility for the accuracy, quality or content of the Service and any information obtained through the Service. The Service does not contain all of the information or materials published in the publications provided through the Service. Information and materials may be withdrawn from the Service and the Service may otherwise be changed at any time by Provider without notice to Subscriber.

5. Restrictions Subscriber shall use the Service only for lawful purposes and Subscriber shall comply with all applicable federal, state and local laws, rules and regulations and the policies and guidelines of Provider and any common carrier associated with the Service. Subscriber shall not use the Service in any way which does not conform to the public interest or which may violate the rights of Provider or others, including but not limited to copyright infringement, or which may constitute libel or slander. Subscriber shall use reasonable efforts to promote efficient use of the Service, and shall not interfere with others or disrupt the Service. Subscriber shall not provide or permit connectivity which would allow the use of or access to the Service by another entity or party.

6. Identification. Subscriber shall use the Service password(s) or identification code(s) specified by Provider. Each individual user may be assigned a unique password or identification code and such password or identification code shall not be transferred or shared except as otherwise set forth in the FAQs or elsewhere in the Service. Subscriber is responsible for the confidentiality and the use of Subscriber's password(s) and identification code(s), including the payment of all Service Charges charged to Subscriber's account by anyone using Subscriber's password(s) or identification code(s). Subscriber shall immediately notify provider in the event a password or identification code is lost or stolen. Subscriber shall remain responsible for all Service Charges charged to Subscriber's account until the above written notice is received by Provider.

7. No Warranties. PROVIDER MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED T0 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. PROVIDER SHALL NOT BE RESPONSIBLE FOR THE ACCURACY, QUALITY OR CONTENT OF ANY INFORMATION OR TRANSMISSION SENT OR RECEIVED THROUGH THE SERVICE.

8. Outages. In no event shall Provider have any liability for any mistakes, omissions, interruptions, delays, errors or defects occurring in the course of furnishing the Service.

9. Limitation of Liability. In no event shall Provider be liable for any damages or any claim of any kind arising out of this Agreement, the provision of the Service, or the information provided through the Service. Provider shall not be liable, either directly or indirectly, for any claims arising out of the actions or inaction of the provider. In no event shall Provider be liable for special, incidental, consequential or punitive damages, including but not limited to loss of revenue or profit, loss of use of any property, cost of substitute performance, equipment or services, cost of capital, downtime costs and loss of data. Subscriber's sole remedy for any claim arising out of this Agreement shall be the termination of this Agreement.

10. Statutory Provisions. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages. As a result, the warranty and liability exclusions or limitations contained in this Agreement may not apply to Subscriber if prohibited by the laws of Subscriber's jurisdiction.

11. Indemnification. Subscriber shall indemnify Provider against all claims arising out of this Agreement, the Service and Subscriber's use of the Service or the information provided through the Service, including but not limited to claims that Subscriber's use of the Service or the information provided through the Service violates any copyright, patent or other personal or proprietary right or is defamatory, obscene, inaccurate or otherwise in error.

12. Miscellaneous- No failure or delay by any party in exercising any right hereof shall operate as a waiver of such right or that of a future occasion. In the event that any term or provision of this Agreement shall be deemed or rendered void or unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. This Agreement shall be deemed to have been executed and delivered in the State of New Jersey and it shall be governed by and construed in accordance with the laws of the State of New Jersey, not including those relating to choice of laws. Any actions based upon or relating to this Agreement shall be brought in the federal or state courts in New Jersey. This Agreement and all attachments hereto, set forth the entire agreement and understanding between the parties and supersede all prior oral and written, and contemporaneous oral, agreements and understandings relating to the subject matter hereof. No representation, promise, inducement or statement of intention not expressly set forth herein has been made by either party.