BOOKS24X7.COM MEMBERSHIP AGREEMENT
IMPORTANT NOTICE: TO BECOME AN AUTHORIZED USER OF BOOKS24X7.COM, YOU MUST AGREE TO THE TERMS OF THIS MEMBERSHIP AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS MEMBERSHIP AGREEMENT, YOU SHOULD RETURN TO THE PRECEDING SCREEN. IN THE EVENT YOU HAVE ALREADY ENTERED INTO AN AGREEMENT WITH A LICENSOR OF BOOKS24X7.COM PRODUCTS ("MASTER AGREEMENT") AND THERE IS A CONFLICT BETWEEN THE FOLLOWING TERMS AND CONDITIONS AND THE MASTER AGREEMENT, THE MASTER AGREEMENT SHALL GOVERN.
THE SERVICE. Books24x7.com is an online library of third party reference materials, editorial materials, electronic books and other resources offered by Books24x7.com, Inc. ("B24x7"), or its affiliates, subsidiaries or parent company. The content, services, programs and hours of operation of Books24x7.com may be expanded, restricted, updated or otherwise changed by B24x7 in its sole discretion at any time.
PROPRIETARY RIGHTS. All content included on this site is the property of third party publishers or B24x7 and is protected by copyright and other laws relating to proprietary rights. All software used on this site is the property of B24x7 or its software suppliers and is protected by copyright and other laws. B24x7 and its content providers and software suppliers retain all rights in their respective properties worldwide.
PERSONAL PASSWORD; RESPONSIBILITY FOR USE; RIGHT TO TERMINATE. As an Authorized User, You will have a User Name and Personal Password that will enable You to access Books24x7.com through Your Internet access provider. You may not share, disclose or transfer Your Personal Password with or to any third party. If You believe that the security of Your Personal Password has been breached, You must promptly notify B24x7 of the breach. B24x7 will then cancel that password and issue You a new Personal Password. You are responsible for ensuring that all use of Books24x7.com under Your User Name and Personal Password complies with this Membership Agreement, and You agree to indemnify and hold B24x7, its affiliates, agents, employees, directors and suppliers harmless against any damages, costs or expenses arising out of Your improper use of Books24x7.com and the use by others of Books24x7.com under Your User Name and Personal Password. B24x7 reserves the right to cancel Your Personal Password, and thereby Your access to Books24x7.com at any time without refund if You fail to comply with the terms of this Membership Agreement or if B24x7, in its sole discretion, deems Your conduct in connection with Your use of Books24x7.com to be unacceptable.
LIMITATIONS ON USE. Your use of Books24x7.com is expressly subject to the restrictions set forth below. If B24x7 detects or becomes aware of any failure to comply with any of these restrictions, it may terminate Your access to Books24x7.com immediately without refund.
- You may not reproduce, retransmit, distribute, disseminate, sell, license, sublicense, lease, publish, broadcast or circulate any content or other materials accessed through Books24x7.com, except in accordance with the fair use doctrine under the copyright laws of the United States.
- Access to Book24x7.com servers is restricted to conventional non-accelerated browsers. You may not use any product, browser or browser feature that significantly accelerates the speed of page downloads, such as NetJet, NetSonic, MSIE Crawler or Teleport-Pro.
- You may not use web robots, crawlers, wanderers or spiders in connection with Books24x7.com.
- You may not permit the delivery of any content in violation of any applicable United States or Territory export control laws, restrictions and regulations relating to the distribution of technical information, as they exist from time to time, including, without limitation, those promulgated by the United States Department of Commerce; or, with respect to materials which You are allowed to post on the Books24x7.com website.
- Books24x7.com enables certain users to share notes and comments with other users in their user group. When You share a note or comment with any or all members of Your user group, You must ensure that the note or comment and everything contained therein is not unlawful, hateful, defamatory, obscene, abusive, sexually explicit, racist, threatening or otherwise objectionable or encouraging of conduct that would constitute a criminal offense or give rise to civil liability.
DOWNLOADING CONTENT. Depending on the nature of your subscription, You may be entitled to download certain content, chapters or chapter-type content as indicated on the site by a download link. Depending on the content, you may or may not be limited to a specific number of downloads per title as designated on the site's download page. These downloads can be printed or stored on your hard drive for your personal use only and cannot be shared with others. You are authorized to use the downloads only during your paid subscription period and are required to delete and/or otherwise discard any content you have downloaded from the site when your subscription to Books24x7 is no longer active.
TRIAL PERIOD. In the event Your access to the Books24x7.com is a trial event, You are bound by the terms and conditions of this Membership Agreement.
DISCLAIMERS. BOOKS24X7.COM AND ITS CONTENT ARE BEING PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. B24X7, ITS AFFILIATES, AGENTS EMPLOYEES, DIRECTORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY SUCH WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT OR FREEDOM FROM VIRUSES. B24X7 DOES NOT WARRANT THAT THE OPERATION OF BOOKS24X7.COM WILL BE ERROR FREE OR WITHOUT INTERRUPTION. ALL LIABILITY WITH RESPECT TO THE ACCURACY, RELIABILITY AND/OR QUALITY OF THIRD PARTY CONTENT SHALL REMAIN WITH THE RESPECTIVE CONTENT PROVIDER, AND YOU SHALL HAVE NO REMEDY AGAINST B24x7 WITH RESPECT TO THE SAME.
You understand that any use of Books24x7.com and any of the content is entirely at Your own risk. You agree to take appropriate measures to safeguard Your data and information from Books24x7.com malfunctions.
NO AFFILIATION. The presence of a hot link or advertisement by B24x7 on another web site does not indicate that B24x7 endorses, is affiliated with or bears any responsibility for the content on that site or that the owner of the linked site is affiliated with, or endorses or bears responsibility for B24x7 or Books24x7.com.
LIMITATION ON LIABILITY. IN NO EVENT SHALL B24X7, ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, SUPPLIERS (INCLUDING CONTENT PROVIDERS) OR MARKETING PARTNERS BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USAGE OF BOOKS24X7.COM OR THE PERFORMANCE OR NON-PERFORMANCE OF B24X7 OR BOOKS24X7.COM OR THE CONTENT ACCESSIBLE THROUGH BOOKS24X7.COM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAD BEEN FORESEEABLE. YOU AGREE THAT THE LIABILITY OF B24X7, ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS AND SUPPLIERS (INCLUDING CONTENT PROVIDERS) HEREUNDER IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). Some states do not allow the limitations on liability and implied warranties set forth above. Accordingly, not all of the limitations set forth in this section may apply to You.
SPECIAL NOTICE TO CALIFORNIA SUBSCRIBERS. As required by California Code Section 1789.3, this notice is to advise You of the following:
- Books24x7.com. is a service provided by Books24x7.com, Inc., 100 River Ridge Drive, Norwood, Massachusetts 02062-5028. B24x7's telephone number is 781/440-0550.
- For a description of current fees and charges for individual subscribers, please contact firstname.lastname@example.org. B24x7 reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective upon renewal of Your Subscription.
- If You have a complaint regarding Books24x7.com or desire further information on Your use of Books24x7.com, please contact B24x7 by email at email@example.com or by telephone at 781/440-0550. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Sacramento, California 95814 or by telephone at 916/445-1254.
- This Membership Agreement and your compliance herewith shall be governed by the laws of : the state of New Hampshire, if accessed inside North America; the laws of Singapore if accessed within Asia Pacific; the laws of England and Wales if accessed in the European Union, the laws of New Brunswick if accessed in Canada. If access is obtained in any other country than the ones set forth herein, governing law shall default to the laws of the State of New Hampshire in the United States. If any provision of this license is not enforceable, it will be served from this license and the remainder will remain in full force and effect.
- Notices or questions to B24x7 shall be made by electronic mail addressed to firstname.lastname@example.org or conventional mail at the address for B24x7 set forth above.