1. ACCEPTANCE. Upon payment of any initial fee to DEC International, Inc. (DEC), Member acknowledges acceptance of these terms and conditions. These conditions shall apply to the family of DEC products, including but not limited to PLANNING & ZONING FACTS, LEADING FACTS, PROSPECT FACTS, BID FACTS, PERMIT FACTS, BUSINESS FACTS, ATLANTA HOUSING REPORT, ATLANTA SUBDIVSION MAP INDEX, PLAT ONLINE, INSIDER RESEARCH OR OTHER NAMED OR UNNAMED RESEARCH PRODUCTS AND THEIR VARIANTS.
2. DISCLAIMER: LIMITATION OF LIABILITY. DEC MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED AS TO SUITABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR AS TO ANY REPRESENTATION OF FITNESS FOR ANY INFORMATION DEC PROVIDES. SPECIFICALLY, DEC WILL HAVE NO LIABILITY FOR DAMAGES AS A RESULT OF ANY INFORMATION SUPPLIED TO MEMBER, WHETHER THROUGH TYPOGRAPHICAL ERROR OR LACK OF VERIFICATION.
3. TERMINATION. You hereby authorize DEC International, Inc. to charge the credit card provided to DEC for payment of services initially as instructed and for all renewal periods. You agree to notify DEC as to any billing problems or discrepancies within 90 days after they first appear on your credit card. You also warrant to DEC that you have permission to use the credit card if not your own. You agree that if you fail to notify DEC within 90 days as aforesaid, you waive your right to dispute such problems or discrepancies. This agreement may be cancelled by either party on not less than thirty (30) days prior written (including email) notice. All DEC services are sold on an “Evergreen” basis i.e. services automatically renew unless you provide notice as indicated herein. Member will be responsible for payment of any outstanding invoices for services received. Member is responsible for the fulfillment of payments whether paid on a one-time basis or paid over time. Failure to pay when due is not a cancellation. Cancellations may only be made through the above process and at the end of your agreed upon Membership term. The provisions of this agreement shall survive such termination.
4. RATE CHANGES. After the first 12 months and with respect to each successive 12 month period, DEC may, at its discretion, increase the amount of fees payable hereunder by up to five percent (5%), and Customer hereby agrees to any such increase. If Customer purchased service at a “promotional rate” customer agrees to pay up to the then current pricing of DEC.
5. CONFIDENTIALITY. Member will use the information supplied by DEC solely for the use of its company and direct employees thereof. Member agrees that DEC has put great effort into the researching, compilation and searches inherent in the service provided and agrees not to divulge information acquired through DEC to any outside persons or entities. Member specifically agrees not to copy any copyrighted material or to scan, store, forward or otherwise disseminate DEC information in any electronic format.
6. ENTIRE AGREEMENT. Member agrees that this written agreement supersedes any oral agreements and that any changes shall be in writing and signed by an officer of DEC. Parties shall be bound to settle disagreements arising under this agreement according to the rules of the American Arbitration Society. Decisions rendered will be construed under the laws of the State of Georgia and to the Jurisdiction of the Courts thereof.
7. TERMS. Services are payable in advance. All invoices shall be due and payable upon receipt. DEC reserves the right to suspend or terminate service to any Member with a past due balance. Member agrees to the payment of a restoration fee if Member desires to recommence service. DEC charges interest at the prevailing legal rate on past due balances. Terms and conditions are subject to change. Member agrees to pay DEC's reasonable attorney fees and all other costs of collection as damages, if necessary, to collect any moneys due or to enforce any provision of this agreement.