1. Definitions.Damron's Online Searchable Database ("Damron Online") is the online service operated by the Damron Company ("Damron") on the World Wide Web of the Internet, consisting of information services and content provided by the Damron Company, and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of "Damron Online."
  2. General.
    1. This Agreement, which incorporates by reference other provisions applicable to use of "Damron Online," including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in "Damron Online," sets forth the terms and conditions that apply to use of "Damron Online" by Subscriber. By using "Damron Online" (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use "Damron Online" is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
    2. Damron shall have the right at any time to change or discontinue any aspect or feature of "Damron Online," including, but not limited to, service provider, content, hours of availability, and equipment needed for access or use.
  3. Changed Terms. Damron shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of "Damron Online," or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. In the event that Damron decides to add fees, Subscriber will be duly notified, and offered an opportunity to refuse to continue use of the service, and may continue use of the service uninterrupted until expiration of said subscription. In the event that Damron decides to transfer ownership or operation of this service to another service provider, Subscriber will be duly notified, and offered the opportunity to refuse use of the service and be credited a pro-rated amount of unused subscription in a manner deemed appropriate by Damron. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on "Damron Online," or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of "Damron Online" by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
  4. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of "Damron Online" and all charges related thereto.
  5. Subscriber Conduct. "Damron Online" contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, and the entire contents of "Damron Online" are copyrighted as a collective work under the United States copyright laws and owned by the Damron Company. Damron owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Damron Company and the copyright owner. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
  6. Disclaimer of Warranty; Limitation of Liability.
    1. SUBSCRIBER EXPRESSLY AGREES THAT USE OF "Damron Online" IS AT SUBSCRIBER'S SOLE RISK. NEITHER THE DAMRON COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT "Damron Online" WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF "Damron Online," OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH "Damron Online."
    2. "Damron Online" IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
    4. IN NO EVENT WILL DAMRON, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING "Damron Online" BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE "Damron Online." SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON "Damron Online."
    5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DAMRON, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN "Damron Online," OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, THE DAMRON COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
  7. Indemnification. Subscriber agrees to defend, indemnify and hold harmless the Damron Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of "Damron Online" by Subscriber or Subscriber's Account.
  8. A. Termination. Either Damron or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Damron shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Damron, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Damron may prevent renewal of a subscription for any subscriber in its sole discretion, may cancel a subscription and credit pro-rated amount of unused subscription in a manner it deems appropriate, or prevent or refuse a subscription for any new subscriber in its sole discretion. The provisions of Sections 5, 6, 7, 9 and this Section 8 shall survive termination of this Agreement.
    B. Cancellation of Digital Subscriptions. You may cancel your subscription at any time by calling 415-255-0404. When you cancel, you cancel only future charges associated with your subscription. You may notify us of your wish to cancel at any time, but the cancellation will become effective at the end of your current three-month billing period. Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
  9. Trademarks. Damron , Damron Guides, Damron Men's Travel Guide, Damron Address Book, Damron Women's Traveller, Women's Traveller, Damron Amsterdam, and each of their logos are trademarks of the Damron Company. All rights reserved. All other trademarks appearing on "Damron Online" are the property of their respective owners.
  10. Third Party Content. "Damron Online" is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, "Damron Online" has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of "Damron Online," are those of the respective author(s) or distributor(s) and not of "Damron Online." Neither the Damron Company, "Damron Online" nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through "Damron Online" represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with "Damron Online." "Damron Online" neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on "Damron Online" by anyone other than authorized "Damron Online" employee spokespersons while acting in their official capacities. Under no circumstances will "Damron Online" be liable for any loss or damage caused by a Subscriber's reliance on information obtained through "Damron Online." It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through "Damron Online." Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
  11. Miscellaneous. This Agreement and any operating rules for "Damron Online" established by Damron constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
  12. Supplemental Terms. Subscriber agrees that Damron may share Subscriber-provided information with third parties for the purpose of providing better or more extensive service, and that this constitutes an Acceptable Use of such information. Damron reserves the right to contact the Subscriber regarding alterations to this service.