NRS-Online Subscription Agreement (February 1, 2010)
Drake Analytics, Inc. ("Company") is a Seattle-based corporation that provides
a media registration service ("NRS-ONLINE").
Sevik, Inc. is a registered trade name of
Drake Analytics, Inc.
NRS-ONLINE will be accessible via the Internet through the nrs-online.com, sevik.net and sevik.com
domains (the "Websites").
Company may, in its sole discretion, allow NRS-ONLINE to be accessed
via other modes or domains.
Any legal entity
that pays the subscription fee to Company
may utilize NRS-ONLINE in accordance with
the terms and conditions of
this NRS-Online Subscription Agreement ("Agreement").
Agreement represents a contract between Company and the legal entity
pays the subscription fee to Company.
The NRS-ONLINE subscription fee is twenty dollars. The subscription duration will be
from the date Subscriber pays the susbscription fee
(the "Subscription Period").
Subscriber will access NRS-ONLINE via the Internet by visiting one of the Websites.
Company will exercise reasonable care to ensure that the Websites are operational on a regular
During the Subscription Period,
Company agrees to receive properly delivered acceptable media property ("Items") from Subscriber, and to record
the time and date of receipt of said Items, and to store the Items.
Company will exercise reasonable care to protect the Items and the recorded information associated
with the Items. Subscriber shall not use NRS-ONLINE to provide registration services
for or to others, or for the benefit of others.
Media property will be considered properly delivered when either 1) the
propery is uploaded after accessing
NRS-ONLINE via one of the Websites and an MD5 Signature
is provided by NRS-ONLINE
after the upload, or 2) the property is deposited
with Company via postal mail, facsimile or hand delivered to Company
(or to a designated agent of Company) with an accurately completed registration form.
Media property will be considered acceptable if it represents intellectual property or evidence of authorship
or ownership of intellectual property.
Subscriber agrees that Company may refuse to accept any property that Company, in its
sole discretion, deems is inappropriate for
Subscriber agrees to provide Company with accurate information in connection with
any usage of NRS-ONLINE. Subscriber agrees to not use NRS-ONLINE for illegal purposes. Subscriber agrees to
not attempt to degrade performance or circumvent security at any site owned and operated by Company, including but not limited to
nrs-online.com, nrs2.com, sevik.com and sevik.net.
Subscriber agrees that Subscriber shall be fully liable for any damages caused by Subscriber to Company.
Subscriber agrees that Subscriber shall be fully liable for any damages to Company
caused by an agent of Subscriber.
Subscriber may request destruction or withdrawal of one or more of the Items in writing. Company shall only
perform the request if it can, in its sole discretion, validate the authenticity of the request. Subscriber
shall bear all costs associated with a withdrawal, and shall pay such costs prior to
Company performing the withdrawal request.
If Subscriber does not renew their subscription within two weeks after the Subscription Period has passed, Company
shall disable access to NRS-ONLINE. Subscriber may reactivate their subscription by paying the then current
Company reserves the right, in its sole discretion,
to modify any part
of NRS-ONLINE and the Websites at any time,
with or without notice. Company reserves the right, in its sole discretion, to discontinue
any part of NRS-ONLINE, except the basic online registration facility, at any time. If
the basic online registration facility is discontinued then Company shall provide a pro-rated
refund of Subscriber's subscription fee.
Subscriber agrees to indemnify and hold harmless Company and its employees and agents,
from any and all third party claims
or demands, including reasonable attorney's fees, arising out of Subscriber's use of NRS-ONLINE,
Subscriber's breach of this Agreement and/or Subscriber's infringement of any intellectual property right(s).
Disclaimer and Limitation of Liability
Company assumes no liability for any errors or omissions contained in information provided
during the Subscription Period.
NRS-ONLINE is offered to Subscriber and Subscriber's agents on an "As Is" basis without a warranty of any kind, either express
or implied, including without limitation, any warranty of merchantability or fitness for a
particular purpose. Company disclaims all responsibility for any loss, injury, claim,
liability, or damage of any kind resulting from, arising out of, or in any way related to
use of NRS-ONLINE.
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS
OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE NRS-ONLINE EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO
SUBSCRIBER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM SUBSCRIBER'S USE OF NRS-ONLINE,
WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TWO DOLLARS ($2.00).
Company's failure to enforce the performance of any provision of this Agreement will not
constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
Choice of Law and Jurisdiction
This Agreement shall be governed by, and construed exclusively in accordance with the laws
of the State of California,
without regard to its conflict
of laws principles. Any dispute arising under this Agreement shall be
brought in a court of competent jurisdiction in the State of California.
Subscriber agrees that Subscriber shall not file suit against Company
or against an agent of Company
in any jurisdiction outside
the State of California.