Service Agreement

The words we, us, our, and ours, mean New York StateWatch, Inc., a New York Corporation; the words you and yours means you, the Subscriber.

BASIC SERVICE: We agree to provide you electronic access in our timesharing computer system of legislative information and other related information. We may from time to time improve or modify the programs and procedures associated with the services we provide you. Our services would then be provided in accordance with any such changes.

Your subscription is a nontransferable license entitling only one user access to our system simultaneously, unless multiple users are included on your completed Service Order invoice. All multiple simultaneous users must be submitted to and approved by us prior to your allowing the users to access our system. This Agreement is personal to you and you may not assign your rights or obligations to anyone.

You agree to pay all charges associated with the installation and use of an on-line service. You must have access to the Internet to use our service.

You understand that your equipment must be working properly for you to access our system. Maintaining your equipment and insuring that your equipment is properly functioning is your responsibility. You are free to obtain service contracts from others to maintain your equipment and its communications abilities. However, we are not liable for any damage done to your New York StateWatch account or to your equipment by others with whom you contract to maintain your equipment and its communications capabilities. You understand that you must have access to the Internet in order to access your New York StateWatch account.

TECHNICAL ASSISTANCE: The Designated User or a Designated Alternate may call us directly for additional technical assistance or with questions concerning information in the system. System-related questions from other users within your organization should be directed first to your computer-trained individuals.

TITLE TO REPORTS: All information and reports delivered to you through the use of the New York StateWatch account are for your personal and internal use, and may not be resold, republished or otherwise distributed to third parties in any form, except that you may include information and quotations from New York StateWatch in any written or electronic reports you prepare for clients in the normal course of your business as long as such reports are not separately available for sale. No third party, including members of any association, may use your account to access New York StateWatch, without our prior notice and approval. You acknowledge that the materials included in New York StateWatch have been gathered, organized and verified by New York StateWatch through the investment of substantial time, effort and expense, and that any violation of the provisions of this paragraph shall constitute a material breach of this Agreement and shall give New York StateWatch the right to suspend your access to New York StateWatch and pursue all available legal and equitable remedies. In the event of such violation, you shall be liable for all costs that may be incurred by New York StateWatch (including reasonable attorneys fees) in pursuing suc remedies.

LIMITS OF LIABILITY: PUBLISHED GOVERNMENT RECORDS ARE THE SOURCE FOR MUCH OF THE INFORMATION WE PROVIDE. ACCORDINGLY, WE CANNOT AND DO NOT WARRANT THE COMPLETENESS, ACCURACY, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION WE DELIVER.

YOU WILL NOT HOLD US LIABLE IN ANY WAY FOR DAMAGES ARISING OUT OF YOUR USE OF INFORMATION WE PROVIDE. FURTHER, YOU WILL HOLD US HARMLESS FROM ANY CLAIM, LIABILITY, OR DAMAGES ASSERTED AGAINST US BY OTHERS BECAUSE OF, OR IN ANY WAY RELATED TO, YOUR USE OF INFORMATION YOU RECEIVE FROM US. IN NO EVENT WILL NEW YORK STATEWATCH, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR THE EXPRESS WARRANTIES MADE HEREIN, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, USERS MANUAL AND ANY INFORMATION PROVIDED AS PART OF OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SOFTWARE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMS OF PAYMENT: You are required to submit the full annual payment within ten (10) working days of contracting for the service or as specified by us. Payments are exclusive of any applicable sales, use, and other taxes, which are the responsibility of the Subscriber. If payment becomes past due, we may suspend your access to our system until we receive full payment. In the event it becomes necessary to employ the services of a collection service and/or an attorney to collect any sums due from you, you agree to pay for the costs of collection, including attorney fees, through appeal.

DURATION OF AGREEMENT: The term of this agreement is for a legislative year, commencing on December 1 of each year and concluding on November 30 of the following year. New York StateWatch may discontinue or terminate this subscription agreement at any time without notice.

This Service Agreement supersedes any previous written or oral agreement and all other communications between us concerning your subscription or our services. If any provision of this agreement is determined to be invalid, all other provisions shall remain in full force and effect.

Any change, modification, or waiver of these provisions must be in writing and signed by an officer of New York StateWatch. This Service Agreement, all intellectual property issues, and your rights and obligations, shall be governed by the laws of the United States of America and the state of New York governing contracts wholly entered into and wholly performed within the state of New York.

We may immediately suspend your access to the system, and will notify you in writing, for not adhering to the terms and conditions of this Services Agreement.