BizMiner Unlimited Access Suite Subscription Agreement and Terms of Service

The Brandow Company Inc. [BizMiner] offers BizMiner Unlimited Access Subscriptions to businesses and individuals who plan to use BizMiner data in-house or in conjunction with value-added reports or projects for clients. The Unlimited Access Suite Subscription includes blanket access to these BizMiner reporting series (Licensed Content) during the license period, subject to the use limitations of this Agreement: Industry Financial, US Market Research, Local Market Research, Competitive Market Analyzer, Industry Market Snapshot, Micro Firm Profit & Loss and Sales per Square Foot Report. Prior report releases are not included in the plan.

Unlimited Access Subscription pricing is based on the number of Users in your organization who will be accessing, analyzing, utilizing or viewing BizMiner Unlimited Access Subscription content in direct or indirect formats, either in-house or with bona fide third party end user clients as described below. Clerical/administrative personnel may access content for a professional of the licensing organization without being counted as user unless they are also engaged in analysis or use.

Login data is to be communicated only to authorized users as communicated (including user names and emails) by the subscriber to BizMiner. Distribution of login data or content to non-authorized persons or entities is prohibited.

The Unlimited Access Subscription fee secures your right to the corresponding access to covered report series for the duration of the Unlimited Access Subscription.

Permitted In-House and Third Party Distribution: The Unlimited Access Plan is valid for in-house use by licensed individuals subject to the use limitations of this Agreement. No other persons in the licensing organization may access, analyze, utilize or review either the reports or any content derived from them. Subject to the restrictions in the section Limitations on Use, Licensed subscribers are permitted to utilize the content with bona fide third party end-user clients as part of significantly value-added reports or projects which are not, in whole or in any significant part, the product of electronically generated databases. For example, content may be included as part of a custom business plan or custom valuation report individually developed and integrated by professional licensees for bona fide end user clients. The number of clients or client entities to which permitted uses apply is not limited.

Limitations on Use: Content can NOT be harvested for integration into either licensee or third party end user databases. Specifically, licensed Content can NOT be integrated into any electronic engine for either front-end or back-end use with third party clients. Licensed Content applied during the period of this license to value-added work with any one client or client entity is limited to part or all of the data accessed from no more than nine reports. The creation of files or databases which aggregate Licensed Content for in-house use is limited to part or all of 25 BizMiner reports. Use of Licensed Content in any electronic engine for either front end or back-end use with third party clients; use of content from part or all of more than nine BizMiner reports with any one client or client entity; and/or or the creation of files or databases for in-house use aggregating content from part of all of more than 25 BizMiner reports all require a separate Extended Electronic License with BizMiner. Any such use without a separately negotiated Extended Electronic License constitutes a breach of this License Agreement.

Other examples of prohibited use: Distribution beyond Authorized Content Users and bona fide end-user clients; distribution of BizMiner report content at educational, marketing or other quasi-public or by-invitation public events; any electronic or other posting on a web site or in any other electronic format aside from individual transmission to other Authorized Content Users or to bona fide end user clients as detailed above; distribution of reports or report content without the addition of significant value-added materials or delivery of significant value-added services in addition to the licensed report or content. Otherwise, data re-sale or re-engineering, web or electronic-based commerce or distribution to anyone outside your organization is not permitted.

BizMiner recommends discussion of questions about permitted and prohibited usage under the Agreement prior to purchase, and may be contacted at 866-863-9853 during business hours (Eastern Time) or by email at http://www.bizminer.com/contact.php.

Security: You are responsible for maintaining the security of your Subscriber username and password. You are responsible for activity and charges incurred by any persons using your username and password to log into your account. If you feel that your username and password has been compromised, it is your responsibility to change the username and password on your account immediately and contact BizMiner regarding any perceived unauthorized use.

Breach of License: Misrepresentation of the number of employees in your organization who will be accessing or utilizing report content accessed constitutes a breach of the Unlimited Access Subscription Terms and may result in cancellation by BizMiner without refund or credit as well as and recovery of damages by BizMiner. Engaging in prohibited use of Licensed Content constitutes a breach of the Unlimited Access Subscription and will result in cancellation without refund or credit as well recovery of by BizMiner for damages caused by such prohibited use, which includes but is not limited to electronic re-publication or distribution of content to third parties who are not bona fide clients of the Licensee.

Termination and Cancellation: Unlimited Access Subscriptions cannot be cancelled or revised once purchased, except at BizMiner's sole discretion. If you purchase an Unlimited Access Subscription AND DO NOT ACCESS ANY REPORTS, we will refund a portion of your fee IF within 24 hours you notify us in writing, through the contact form at http://www.bizminer.com/contact.php that you wish to cancel. In that event, YOU AGREE that we will refund you Unlimited Access Subscription fee LESS 5% OR $30 of the total fee, whichever is greater.

If your subscription expires, access to your account will be blocked. If you renew within 30 days of the expiration of a one-year subscription, or within 15 days of the expiration of a six-month subscription, and require access to already-loaded reports, your new subscription dates will be calculated from the end of your prior expiration date. If you do not renew within the specified periods for one-year or six month subscriptions, access will be permanently blocked and stored reports will be deleted from our system.

Assignment and Venue: Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania and any dispute arising out of this Agreement shall be filed in a court of competent jurisdiction in Cumberland County, Pennsylvania. The parties agree that Licensee, by agreeing to venue and jurisdiction in Pennsylvania, is not waiving its sovereign immunity or other Eleventh Amendment rights. This provision shall survive termination of this Agreement.

YOU AGREE that there are no other refunds on Unlimited Access Subscription or on reports accessed through an Unlimited Access Subscription The Unlimited Access Subscription fee is non-refundable whether or not reports are accessed during your Unlimited Access Subscription period.