Terms & Conditions AVOTAYNU Back Issues (1985–2011) 

The following terms and conditions govern your use of the “AVOTAYNU Back Issues Database” (the "Database") and the materials available therein ("Materials"):

GENERAL

“AVOTAYNU Back Issues Database” is provided for use at one physical location. The Database may not be accessed outside of subscriber’s physical location such as remote access through the Internet or otherwise. 

1. LICENSE; RESTRICTIONS ON USE

1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Database and Materials from time to time made available to you. This license includes:

(a) The right to electronically display Materials retrieved from the Database, subject to the Supplemental Terms for Specific Materials;

(b) The right to obtain a single printout of Materials ("Authorized Printouts") for the sole use of the subscriber.

(c) With respect to Materials, the right to retrieve via downloading and store, primarily for one person's exclusive use, a single copy of portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials.

1.2 Except as specifically provided in Sections 1.1, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Database.

1.3 All right, title, and interest (including all copyrights and other intellectual property rights) in the Database and Materials (in both print and machine-readable forms) belong to the provider of the Database or its third party suppliers of materials. You acquire no proprietary interest in the Database, Materials, or copies thereof.

1.4 Except as specifically provided herein, you may not use the Database or Materials retrieved from the Database in any fashion that infringes the copyrights or proprietary interests therein.

1.5 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Database.

1.6 Other provisions that govern your use of Materials are set forth in the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Database (collectively, the "Additional Terms"), all of which are incorporated by reference into these General Terms and Conditions.

2. LIMITED WARRANTY

2.1 The provider of the Database represents and warrants that it has the right and authority to make the Database and Materials available pursuant to these General Terms and Conditions.

2.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE DATABASE AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WAS CREATED ON A "BEST EFFORTS BASIS." THE PROVIDER OF THE DATABASE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. LIMITATION OF LIABILITY

3.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Database or any Materials available or not included therein, (b) the unavailability or interruption of the Database or any features thereof or any Materials, (c) your use of the Database or Materials (regardless of whether you received any assistance from a Covered Party in using the Database), (d) your use of any equipment in connection with the Database, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.

3.2 "Covered Party" means (a) the provider of the Database, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Database or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.

3.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE DATABASE OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

3.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE DATABASE, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

4. MISCELLANEOUS

4.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below. Charges and payment terms may be changed in accordance with provider’s price schedule; all other provisions may be changed by the provider of the Database immediately upon notice. Your subscription for access to the Database may be terminated immediately upon notice to the provider of the Database if any change is unacceptable. Continued use of the Database following any change constitutes acceptance of the change.

4.2 The provider of the Database may suspend or discontinue providing the Database to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.

4.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Database by the provider thereof. Notices shall be deemed to have been properly given on the date sent to the e-mail address provided by you when you registered for access to the Database.

4.4 The failure of the provider of the Database to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

4.5 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Database without the prior written consent of the provider of the Database.

4.6 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Notwithstanding the foregoing, Avotaynu acknowledges that governmental entities are governed by the laws of the state in which they are organized. As such, Avotaynu waives enforcement of the portion of this Agreement which requires the use of New Jersey law and New Jersey courts, where Subscriber is a government entity.  

SUPPLEMENTAL TERMS FOR SPECIFIC MATERIALS

“AVOTAYNU Back Issues Database” documents are copyrighted by Avotaynu Inc. and are provided for subscriber's internal use only. Internal use means one specific IP address (physical location). The Database may not be accessed through subscriber’s Internet site or any manner outside of subscriber’s physical location.

You may not publish, broadcast, sell, incorporate or otherwise redistribute this material. Those desiring to do so must contact Avotaynu Inc and obtain specific licenses and permission allowing such usage.

Avotaynu Inc makes no warranties, expressed or implied, including those of merchantability or fitness for a particular purpose. The Database is provided “as is” and was created on a “best efforts” basis. In no event shall Avotaynu Inc have any liability for lost profits or incidental or consequential damages.