GENERAL TERMS AND CONDITIONS OF USE

1. DEFINITIONS

US Bankruptcies (“USB”) provides a range of information services (“Services”). The Subscriber may not sell, resell, or otherwise make the information available in any manner, or on any media, to any third party, unless the Subscriber has been granted prior written consent by USB. The Subscriber also agrees not to “abuse” the download of data from the service. “Abuse” is defined as downloading of data from the service via the use or launch any automated system (“scrapers”) or "offline readers" that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser or email client. USB reserves the right to terminate access to users who are found guilty of abuse of data.


2. AVAILABILITY AND ACCURACY OF INFORMATION

USB reserves the right to change the content, presentation, Subscriber facilities, or availability of any part of the Services, and make changes to the software used to make the Services available, at its sole discretion. If the information available through the Services is materially reduced, USB’s sole obligation to the Subscriber shall be to refund charges paid in advance on a pro-rata basis according to the extent of the reduction. WHILE USB HAS NO REASON TO BELIEVE THAT THERE ARE ANY INACCURACIES OR DEFECTS IN THE INFORMATION COMPRISED WITHIN THE SERVICES, OR IN THE SOFTWARE USED TO MAKE THE SERVICES AVAILABLE, USB MAKES NO REPRESENTATION, AND GIVES NO WARRANTY (EXPRESSED OR IMPLIED) WITH REGARD TO THE INFORMATION, OR ANY PART OF THE DATABASES FEEDING INTO ITS SERVICES, FOR ANY PURPOSE WHATSOEVER.


3. LIABILITY

Except as otherwise expressly provided, USB shall not be liable for any loss or damage (including consequential or indirect loss or damage which shall include, but which shall not be limited to, loss of property or of profit, business revenue or anticipated savings, and loss of, or damage to, data) or for any costs, claims, or demand of any nature, whether asserted against USB, or against the Subscriber, by any party, arising directly or indirectly out of the use of, access to, or withdrawal of, the Services, the databases comprising the Services, or out of any information or materials comprised therein. USB’s respective liability shall be limited to direct loss suffered by the Subscriber, where such loss arises solely from USB’s negligent acts or omissions, or those of its employees in the provision of the Services of the information, provided that (save in the event of death or personal injury resulting therefrom.) USB’s total liability shall not exceed a sum equivalent to one month’s charges to the Subscriber taken as an average of the sums invoiced over the preceding twelve month period, or, in the event that the Subscriber has been a Subscriber for less than twelve months, the period since the start of the agreement, or $5,000, whichever shall be the smaller.


4. FEES

USB will invoice the subscriber for the Flat Fee Monthly in advance, unless otherwise stipulated.