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TERMS AND CONDITION |
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The following terms and conditions govern your use of the Manifest Journals, LLC (.MJ.) services and the materials available therein (.Materials.):
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1. LICENSE; RESTRICTIONS ON USE
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1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Services and Materials from time to time made available to you by MJ.
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1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies.
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1.3 All right, title, and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and machine-readable forms) belong to MJ. You acquire no proprietary interest in the Services, Materials, or copies thereof.
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1.4 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Services.
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1.5 MJ reserves all rights including copyright and trademark in relation to services and materials provided by it, except where otherwise stated. MJ service is supplied to subscribers or end users solely for their use. Retransmission, dissemination, publication or duplication, whether in print, electronic or other means, is expressly forbidden without written authorization from MJ. MJ prepares its service on material obtained from sources which it reasonably believes are reliable. MJ is published as an information service only without assuming a duty of care or assuring the accuracy of the data as provided. MJ is not in the business of providing professional advice and the MJ service should not be relied on as a substitute for financial, legal or other professional advice.
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1.6 Your use of MJ materials is strictly subject to the following terms of use:
a. The materials are made available for your internal use only. The materials shall not be reproduced, revealed or made available in whole or in part to anyone else, unless required by law. You acknowledge that the materials are subject to the copyright, trademark and other proprietary and intellectual property rights of MJ and you will not commit or permit any act or omission that would impair or devalue such rights.
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LIMITED WARRANTY
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Manifest Journals, LLC (.MJ.) obtains information for inclusion in its databases from sources which it considers reliable, but MJ shall not be liable for any inaccuracies in its databases, whether caused by negligence or otherwise. MJ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE DATABASES, OR ANY INFORMATION DERIVED THEREFROM, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MJ DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, DATA OR THE MEDIA ON WHICH THE DATA IS PROVIDED AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY THE ACTS OR OMISSIONS OF MJ OR MJ.S SOURCES, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES. IN NO EVENT SHALL MJ OR THEIR SOURCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF MJ OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH STATES MJ.S AND THEIR SOURCES. ENTIRE LIABILITY AND YOUR SOLE REMEDY IN CONNECTION WITH THE PROVISION OF THE DATA AND SERVICES PROVIDED.
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IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON MJ OR THEIR SOURCES, THEN YOU AGREE THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO YOU ARISING OUT OF ANY ACTS OR OMISSIONS OF MJ OR THEIR SOURCES IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO MJ FOR THE DATA FURNISHED AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE MJ OR THEIR SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT YOU WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST MJ OR THEIR SOURCES. MJ.s liability to you for direct loss or damage, whether in contract, tort or otherwise, shall be limited to an amount equivalent to the fee paid by you to MJ during the twelve months preceding the date such cause of action is alleged to have arisen. MJ shall not in any circumstances be liable to you, whether in contract, tort or otherwise, for any consequential or indirect loss or damage or any loss of profits or loss of contracts howsoever arising.
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2. ACCESS TO SERVICES
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2.1 Only individuals authorized by the subscribing organization may access and use the Online Services.
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2.2 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services.
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2.3 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
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