Terms and Conditions
Terms of Subscription and License Agreement for AccessEngineering
All use of McGraw-Hill Professional ("Publisher") AccessEngineering web pages is subject to the terms and conditions set forth below. By using AccessEngineering, you represent that you agree to abide by the following terms and conditions. The terms "you" and "User" refer to the person who completed the registration process and/or is otherwise an authorized user of AccessEngineering.
AccessEngineering contains two types of content:
"AccessEngineering Owned Content" means information entered into AccessEngineering by Publisher's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by Publisher to contribute to AccessEngineering (collectively the "Publisher Designated Online Providers").
"Other Content" means any other information entered into AccessEngineering by Users or other persons.
Use of Accessengineering
All of the AccessEngineering owned content is either the property of Publisher or is licensed to Publisher and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by Publisher to protect Publisher's proprietary interests in AccessEngineering. During the term of your subscription to AccessEngineering, Publisher hereby grants you a non-exclusive, non-transferable license to access and use AccessEngineering for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access AccessEngineering using the User's screen name and password. No User may share or distribute to a third party any screen name or passwords. You may access and use materials from the AccessEngineering site for your own research or study only. You may not otherwise copy, transmit, rent, lend, sell, or modify any materials from AccessEngineering or modify or remove any proprietary notices contained therein, or create derivative works based on materials from AccessEngineering. You may not engage in systematic retrieval of Content from the AccessEngineering to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Publisher. You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal AccessEngineering; or (iii) cause disruption to the operation of AccessEngineering. Publisher reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of AccessEngineering. The User may not disseminate any portion of AccessEngineering through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User's access to, or use of, AccessEngineering. Except for the limited rights granted User herein, all rights in the AccessEngineering materials are reserved by Publisher and User acquires no right, title or interest in any such materials.
The User grants to Publisher the perpetual, non-exclusive right to use all material entered into AccessEngineering by the User (other than third-party material transmitted through private electronic mail) in any of Publisher's print or electronic publications.
Users entering material into AccessEngineering are responsible for the content of that material. Neither Publisher nor the Publisher Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from AccessEngineering. However, Publisher retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which Publisher deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through AccessEngineering which is promotional in nature, including solicitations for funds or business, without the prior written authorization of Publisher.
The User agrees to indemnify Publisher and the Publisher Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Publisher, its affiliates, employees and the Publisher Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; or (ii) material entered into AccessEngineering with the use of the User's screen name or password. Publisher reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Publisher or the Publisher Designated Online Providers.
No Warranties/Limitations on Liability
ACCESSENGINEERING AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER PUBLISHER NOR THE PUBLISHER DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING ACCESSENGINEERING, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ACCESSENGINEERING.
IN NO EVENT WILL PUBLISHER OR THE PUBLISHER DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF ACCESSENGINEERING. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST PUBLISHER OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE PUBLISHER DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF ACCESSENGINEERING SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO PUBLISHER FOR USE OF ACCESSENGINEERING DURING THE PREVIOUS TWELVE (12) MONTHS.
If applicable, as part of the registration process, you may be required to select a screen name and password. You will keep any User screen name and password confidential. You are responsible to promptly notify Publisher of any disclosure or unauthorized use of your User screen name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending e-mail to firstname.lastname@example.org. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify Publisher within thirty (30) days of any other changes in your registration data.
When you subscribe to AccessEngineering, register for a trial subscription, or register for individual access to the site, we collect certain personal information, such as your name, address, and e-mail address. We use this information to process your order and for administration of your subscription and for other uses as described in the AccessEngineering Privacy Notice on the site at http://2.accessengineeringlibrary.com/privacy-notice, as amended from time to time. Please review the Privacy Notice on the site for additional information.
Term and Termination
Unless otherwise agreed in a separate agreement between us, this Agreement will continue and renew automatically unless terminated by Publisher, as provided for in this Agreement, or you fail to respond to the renewal notice from Publisher and do not renew your subscription.
Publisher may discontinue or change AccessEngineering, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, Publisher reserves the right in its sole discretion to suspend or terminate your access to Accessengineering immediately without notice, in addition to any other available remedies.
Fees and Payments
Unless access is obtained pursuant to a separate institutional agreement, the following payment terms will apply. Your annual subscription fee for your selected AccessEngineering service(s) must be fully paid before you will be provided access to AccessEngineering.
You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of AccessEngineering. User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable. Publisher may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the Publisher annual renewal notice which you will receive prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.
This Agreement constitutes the entire agreement between the User and Publisher relating to AccessEngineering and supersedes any and all other agreements, oral or in writing, with respect to AccessEngineering. This Agreement may be modified only by a writing signed by both parties. The failure of Publisher to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.