LOLA Monday, Jun 26 2017
2017: 53rd Legislature - 1st Regular Session
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LOLA Subscriber Agreement

LOLA TERMS OF USE: SUBSCRIBER AGREEMENT

This Subscriber Agreement ("Agreement") is entered into between Arizona Capitol Reports LLC, an Arizona limited liability company ("ACR") and your firm, association, agency or other user identified by your login code and password (the "Subscriber"). Subscriber represents that he or she is at least 18 years of age, has the authority to enter into this Agreement and agrees, on behalf of Subscriber, Subscriber's firm, association, agency or other user, to accept and be bound by the following terms and conditions:

1. ACR is in the business of developing and distributing materials related to Arizona state government (the "Content"). ACR maintains a website at www.azcapitolreports.com, (the "Website") which Website includes the Content. On the terms and subject to the conditions set forth in this Agreement, Subscriber desires to access and use the Website and the Content.

2. ACR hereby grants to Subscriber, upon ACR's receipt of the subscription fee as shown on a separate invoice which is mailed to Subscriber, for the period shown on the same mailed invoice, a limited non-transferable license to gain access to the ACR Website and use, copy, modify, display and distribute the Content for Subscriber's personal or internal business use ONLY AT THE SUBSCRIBER LOCATION SHOWN ON THE SAME MAILED INVOICE. Subscriber understands and agrees that ACR owns and retains all right, title and interest in the Content and the Website.

3. Any use of the Content by Subscriber not expressly authorized by this agreement is strictly prohibited, including reposting or republishing the Content in any form without separate written permission of ACR. This prohibition includes any sublicensing or reselling of the Content; using or allowing third parties to use the Content to compile, enhance, supplement, modify or delete the Content, or offering the Content through any third party or on any website.

4. Subscriber agrees to control third party access to the Content, to prevent unauthorized use of the Content, and to provide appropriate copyright or other legal notices on or in connection with the Content as requested by ACR.

5. Any prohibited use of the Content will result in termination of this Agreement. ACR, in its sole discretion, will maintain and update the Content and the Website. ACR reserves the right to suspend or terminate Subscriber's access to the Content without notice in the event Subscriber breaches its obligations under sections 2, 3 or 4 of this Agreement.

6. Subscriber agrees to defend, indemnify and hold ACR harmless for, from and against any and all claims, actions, demands, threats or other liability (including attorneys' fees, expert witnesses' fees and costs) to third parties which result from the use of the Content or Website through Subscriber.

7. ACR will not be liable to Subscriber or any third party for any claim, threat, demand, action or damages, including attorneys' fees and expert witness' fees and costs, related to or in connection with the Content or Website. The Content is licensed "AS IS". ACR makes every effort to insure accuracy and timeliness but does not guarantee or represent that the Content is error-free, that the Content will meet Subscriber's requirements or that the Website will be available without interruption.

8. Miscellaneous. This Agreement will be governed in accordance with the laws of the State of Arizona. All disputes under this Agreement will be brought in the State or Federal courts located in Maricopa County, Arizona, and the parties hereby consent to personal jurisdiction and venue in those courts. This Agreement will be binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns. Neither party may assign this Agreement to any third party without the prior written approval of the other party, which shall not be unreasonably withheld. This Agreement does not create a joint venture or partnership between the parties and neither party is authorized to bind the other to any contract or other obligation. No waiver by either party of any default shall be deemed a waiver of prior or subsequent default of the same or other provisions of this Agreement. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. This Agreement can only be modified or amended by a written agreement signed by both parties.

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