TERMS OF USE

For legal purposes, only the English language version of theTerms of Useis binding. Non-english versions are translated from the English language version for your convenience.

LAST UPDATED: May 6, 2020

Acceptance of the Terms of Use

进入这些使用条款和之间you and EBSCO Information Services Division of EBSCO Industries, Inc. and its applicable subsidiaries, EBSCO Publishing, Inc. and its subsidiaries, EBSCO International, Inc. and its applicable subsidiaries, DynaMed, LLC, and Yankee Book Peddler, Inc. dba GOBI Library Solutions from EBSCO (collectively, "EBSCO Information Services" or "we" or "us" or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our marketing and general audience websites, including the webpages, content, and functionality delivered through our websites (collectively, the "Website"). These Terms of Use do not apply to the websites that host our products, services, software, and mobile applications, which are governed by their own terms and conditions.

Please read the Terms of Use carefully before you start to use the Website.By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and you acknowledge that all information you provide to us is governed by our Privacy Policy, which can be found at//www.simpson-law.com/company/privacy-policyand is incorporated herein by reference.If you do not want to agree to these Terms of Use or the actions we take with respect to your information consistent with ourPrivacy Policy, do not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with EBSCO Information Services and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Website.

Changes to the Terms of Use

We will notify you of changes to these Terms of Use by posting an updated version on this page. You acknowledge that any use of the Website is based on these Terms of Use, current at the time of use. If we make any material changes, we will notify you by email notification or a notice via the Website (such as a banner or pop-up) prior to the changes becoming effective and provide you with the ability to consent to these changes (such as an "I agree" or "OK" button, or a prominent statement indicating the changes are in effect and continued use of the Website signifies consent). We encourage you to periodically review this page so you are aware of any changes. The date these Terms of Use were last updated is identified at the top of these Terms of Use.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain personal information, registration details, or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You acknowledge that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by ourPrivacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, there has been any unauthorized access to or use of your account or any other breach of security, or you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EBSCO Information Services, its licensors or other providers of such material and are protected by contract law and United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your commercial use or your personal, non-commercial use, as applicable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • If applicable, as expressly permitted in a separate written agreement between EBSCO Information Services and the entity or institution that makes the Website available to you (a “Separate Agreement”).
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print, download, or distribute copies of pages of the Website for your commercial use (if permitted under a Separate Agreement) or your personal, non-commercial use, as applicable, and not for further reproduction, publication, or distribution unless authorized in writing by EBSCO Information Services. All copies must include the following copyright notice: " © 2020 EBSCO Information Services. All rights reserved." and other copyright and proprietary notices, if any, contained on the Website.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • modify copies of any materials from the Website;
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us using the information provided in the “Your Comments and Concerns” section of these Terms of Use.

These Terms of Use do not grant you any right, title, interest, or license (express or implied) to any patent, trademark, service mark, copyright, trade secret, or other intellectual property right of EBSCO Information Services or its licensors. Modification of any content on the Website is explicitly prohibited. You are also prohibited from utilizing the Website in any way that would damage its content or visibility for other visitors. As between EBSCO Information Services and/or its licensors and you, EBSCO Information Services and/or its licensors have and retain exclusive and valid ownership of the Website and its content, the names and marks thereof, and all intellectual property, proprietary rights, and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of EBSCO Information Services and/or its licensors.

EBSCO信息服务及其相关的日志os, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of EBSCO Information Services. All other product names and company logos mentioned on the Website or in the information or content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of EBSCO Information Services. You agree that you will not remove, alter or obscure any copyright, legal, or proprietary notices in or on any portions of the Website or the content contained therein.

EBSCO Information Services accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, EBSCO Information Services reserves the right to terminate your use of the Website or the content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by EBSCO Information Services and its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree:

  • not to use the Website in any way that violates any applicable federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including, without limitation, any laws or regulations regarding the export of data or software to and from the US or other relevant countries);
  • not to use the Website to transmit or send unsolicited commercial communications;
  • that you will not use the Website for any purposes related to marketing without EBSCO Information Services’ express written consent;
  • not to access (or attempt to access) the Website by any means other than through the interface that is provided by EBSCO Information Services;
  • not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without EBSCO Information Services’ express written consent;
  • not to edit or otherwise modify any content on the Website;
  • not to impersonate or attempt to impersonate EBSCO Information Services, an EBSCO Information Services employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
  • 不参与任何活动(包括使用of any device, software, or routine) that interferes with or disrupts the Website (or the servers, networks, and databases which are connected to the Website), including any other party's use of the Website;
  • not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm EBSCO Information Services or users of the Website or expose them to liability;
  • not to use (or attempt to use) any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • not to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • not to reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Website for any commercial purpose (except as expressly authorized by these Terms of Use and except for content specifically and expressly made available for redistribution) or for any other unauthorized purpose without our prior written consent;
  • not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases connected to the Website);
  • not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • not to attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any security features of, any parts of the Website (or the servers, networks, and databases connected to the Website);
  • not to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and
  • that you are solely responsible for (and that EBSCO Information Services has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EBSCO Information Services, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EBSCO Information Services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Social Media Features and Linking to the Website

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the content on the Website that is inconsistent with any other provision of these Terms of Use.

你不可以链接到我们的主页上,除非它是完成了in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

EBSCO Information Services is based in the Commonwealth of Massachusetts in the United States of America. We make no representations that the Website and its content are appropriate or available for use in all locations. Use of or access to the Website may not be legal by certain persons or in certain countries.By using or accessing the Website, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.

By using or accessing the Website, you acknowledge that you understand your personal information will be transmitted to the United States, and unless prohibited by applicable law, you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, information security, accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EBSCO INFORMATION SERVICES NOR ANYONE ASSOCIATED WITH EBSCO INFORMATION SERVICES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EBSCO INFORMATION SERVICES NOR ANYONE ASSOCIATED WITH EBSCO INFORMATION SERVICES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER(S) AND OTHER EQUIPMENT THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, EBSCO INFORMATION SERVICES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EBSCO INFORMATION SERVICES, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR OTHER RELATED ENTITIES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

上述不影响任何责任CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with ourPrivacy Policy, these Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and including all applicable laws regarding the transmission of data or software exported to and from the United States or the country in which you reside), and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to defend, indemnify and hold harmless EBSCO Information Services, its parents, subsidiaries, affiliates, related entities, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, representatives, partners, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the County of Essex. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by EBSCO Information Services of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EBSCO Information Services to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and ourPrivacy Policyconstitute the sole and entire agreement between you and EBSCO Information Services with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

If you have feedback, comments, requests for technical support and other communications relating to the Website, please contact us using the contact details below and we will do our best to assist you:

EBSCO Information Services
Attn: Customer Support
10 Estes Street
Ipswich, MA 01938

or via telephone:

978-356-6500