ebrary

EBRARY TERMS OF SERVICE

Please read this entire Agreement carefully, as it explains the conditions on which you may use the ebrary Web site. You may not use the ebrary site unless you are willing to accept these conditions.

1. Rights, Restrictions, and Respecting Copyrights

(a) The text, images, and other materials available on this site (collectively, the "Materials") are protected by United States copyright and other applicable laws. You may not engage in any acts inconsistent with the principles of copyright protection and fair use (see the United States Code, 17 USC Sections 106-110). For example, you may not copy, print, reproduce, distribute, transmit, modify, display, or otherwise use the Materials or copies of the Materials, except that, subject to the other terms of this Agreement:

You have a non-exclusive, non-transferable, revocable, limited license to access and use this site for noncommercial research purposes, in strict accordance with this Agreement and as permitted via instructions on the site.
You may make limited noncommercial use of small portions of the Materials to the extent permitted under United States law pursuant to the doctrine of fair use.
You may electronically display the Materials to one person at a time. If you are affiliated with an educational institution, you may also display Materials to multiple individuals during class time for teaching and demonstration purposes to the extent permitted under United States law pursuant to the exemption of certain performances and displays.
You may copy and print small portions of the Materials using the copy and print features available on this site to the extent permitted under United States law pursuant to the doctrine of fair use.
Any other use requires that you obtain written permission from the copyright holder.

(b) You may not re-distribute the Materials in any manner, including by posting any Materials on the Internet, distributing them via e-mail, on paper, or otherwise, except as expressly permitted above.

(c) You must interact with the site manually, using a Web browser and the ebrary Reader™ software. You may not use other computer programs or any other automated method of accessing or obtaining materials or information from this site. You may not circumvent limitations on the number of pages you are allowed to display, copy, or print.

(d) You may not make any false or fraudulent statements, or use anyone else's user name or password, in your use of or to gain access to the site. You may not permit anyone else to access the site using your user name and password.

(e) All proprietary rights, title, and interest in the Materials belong entirely to ebrary or its suppliers. You acquire no proprietary interest or right in the Materials or any portion of them.

(f) ebrary reserves the right to change any aspect of this site, including adding or withdrawing features or Materials, without notice.

(g) You may not reverse engineer, reverse assemble, decompile, disassemble, translate or otherwise alter, the ebrary Reader™, the data stream generated by your use of this site, or any other software provided by ebrary or its licensors or suppliers in connection with your use of this site.

(h) You may not use this site in a manner that violates any applicable law, including United States export regulations.

2. Monitoring and Violations

ebrary reserves the right to monitor site use to identify and respond to violations of this Agreement. You understand that violations of this Agreement may subject you to serious legal penalties and that ebrary may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and other interested parties. ebrary reserves the right to temporarily or permanently disable access from a range of IP addresses, including yours, in order to stop misuse of this site.

3. Third Party Content and Sites

The Materials are provided to ebrary by third parties, and neither the Materials nor the third party Internet resources you may reach via this site are endorsed by ebrary or under ebrary's editorial control. They may contain inaccurate, incomplete, obscene, or otherwise unsatisfactory content. By using this site, you agree not to hold ebrary responsible for the content of any Materials or third party Web sites you obtain from or access via this site. Other Internet sites are governed by their own policies and conditions, which we encourage you to read.

4. Government or Institutional Use

If a government, university, or other institution has licensed the use of this Web site on your behalf, your use of this site is also governed by the terms of your institution's written agreement with ebrary. In cases of conflict, your institution's agreement will prevail. Consult your institution for more information. Nothing in this Agreement shall be construed to constitute a waiver by the United States government of federal sovereignty and access to federal courts.

5. Questions and Complaints

If you have a complaint regarding ebrary, require further information on your use of this site, or require information about current fees and charges, please contact ebrary by e-mail at support@ebrary.com. For complaints, California users 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.

6. Copyright Infringement and Other Legal Matters

If you believe that a work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify ebrary's designated agent, Juliette Hirt, Esq., at the address below or by phone: 650-475-8700, fax: 650-475-8881, or e-mail (with confirmation of receipt requested) to CopyrightClaim@ebrary.com. This site is operated by ebrary, 318 Cambridge Avenue, Palo Alto, California 94306-1505.

7. Disclaimer of Warranties

THIS WEB SITE IS OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AS A CONDITION OF USING THIS SITE, YOU ASSUME ALL RISK OF LOSS RESULTING FROM THE USE OF, OR RELIANCE ON, THIS SITE OR ANY MATERIALS IDENTIFIED, LOCATED, OR OBTAINED BY USING THIS SITE. EBRARY AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY REGARDING THE ACCESSIBILITY OF THE SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS. EBRARY AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL CONDITIONS OF QUALITY. NO USER SHOULD RELY ON OR ATTEMPT TO TRY ANY INFORMATION, ACT OR OTHER EVENT PORTRAYED ON THIS SITE. AS WITH ALL INFORMATION AVAILABLE THROUGH THIS SITE, LEGAL, FINANCIAL, MEDICAL, HEALTH, AND SAFETY RELATED INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EBRARY, ITS SUPPLIERS, LICENSORS, SUBSIDIARIES, AFFILIATES, OR THE EMPLOYEES, CONTRACTORS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING (collectively, the "Ebrary Affiliates") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEY FEES) THAT RESULT FROM, OR ARISE OUT OF, THE USE OF, OR INABILITY TO USE, THIS SITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE EBRARY AFFILIATE(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE EBRARY AFFILIATES' CUMULATIVE LIABILITY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THIS SITE, EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR USING THIS SITE FOR THE ONE YEAR PERIOD PRECEDING THE DATE YOUR CLAIM AROSE. THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH EBRARY WOULD NOT PERMIT YOU TO USE THIS SITE. IF THESE LIMITATIONS ARE NOT FULLY ENFORCEABLE UNDER APPLICABLE LAW, THE EBRARY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold the Ebrary Affiliates harmless from all liabilities, claims, judgments, and expenses, including attorney fees and costs, that arise from your use of this site or violation of this Agreement. ebrary reserves the right to participate in its defense, require the use of qualified counsel reasonably acceptable to ebrary, and approve any settlement.

10. Changes to this Agreement

From time to time, ebrary may change the terms governing your use of this site. We will notify you of such changes by posting a revised Terms of Service Agreement in the site's legal terms, and by including a notice on our home page for thirty (30) days, alerting you to the fact that we have adopted new legal terms. YOUR CONTINUED USE OF THIS SITE AFTER A REVISED AGREEMENT HAS BEEN POSTED WILL INDICATE YOUR BINDING ACCEPTANCE OF THE NEW AGREEMENT. If you do not accept the terms of the revised agreement, you may not continue to use this site.

11. Miscellaneous

This Agreement constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties, except as otherwise agreed in a written agreement signed by an authorized agent of ebrary, and subject to such supplemental terms as you may agree to in order to obtain special services from ebrary from time to time. If any provision of this Agreement is held to be unenforceable, it will be modified or excised as minimally necessary to render it enforceable, and the Agreement as modified will continue in full force and effect. This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the Sale of Goods. The parties agree to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, where ebrary is headquartered and this Agreement is deemed executed. All rights not expressly granted herein are fully reserved by ebrary and its licensors and suppliers. This Terms of Service Agreement was last updated on August 13, 2005.

COPYRIGHT NOTICE

Materials available on this Web site are the property of their respective copyright holders. Please see the individualized copyright notice that is printed within or appears with each document, and read the "EBRARY TERMS OF SERVICE" for information about what you may and may not do with the Materials available on this site. All rights not expressly granted herein are reserved to the copyright holders.

The ebrary Web site is copyright © 1999-2007, ebrary.

TRADEMARK NOTICE

"ebrary" and the "e" logo are registered trademarks of ebrary. Dynamic Content Platform, DCP, ebrary DOES Research, ebrary Reader, EDF, eXtend, InfoTools, Isaac, and OnDemand are ebrary trademarks. All other trademarks used on this Web site are the trademarks of their respective owners.

PRIVACY POLICY

This Privacy Policy was last updated on December 8, 2004.

ebrary is committed to protecting user privacy online. We pledge to give you as much control as reasonably possible over your personal information. We will not disclose individually-identifiable information about you to a third party without your consent, unless disclosure is required by law or necessary to enforce or carry out the terms of our agreements with you.

We have created this privacy policy to describe the information gathering and dissemination practices for this Web site. Please take a moment to read our policy before you use our site or submit any personal information to us. By using our site, you are consenting to the information collection and use practices described in this policy as modified from time to time by us. If we decide to change our privacy policy, we will post the revised policy on our site, and we will include a notice on our home page for thirty (30) days, alerting you to the fact that we have adopted new legal terms. The revised policy will apply to all information that we have previously collected as well as information that we store or process on an ongoing basis.

Information We Collect On-Line and How We Use It

Personally Identifying Information

Personally identifying information is generally available to us only if you supply it voluntarily, for example if you send us suggestions or if you choose to open an account using your real name as your user name (which we discourage). You are not required to provide any personal information to peruse the Materials. However, we may require you to provide a name, e-mail address, user name, and password in order to use many of this site's features, such as highlighting and annotating text. Any personal information that you provide ebrary will be used and shared with third parties for limited purposes, such as completing the transactions you request and providing customer service.

We reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or to protect the rights, property or safety of our company, our employees, customers, vendors, or the public.

Your E-mail Address and How to Opt Out

We collect e-mail addresses as part of providing services. We may send you e-mail messages from time to time to provide customer service or for our own marketing purposes. If you have provided us with your e-mail address but do not want to receive promotional material, please let us know by sending us an e-mail at support@ebrary.com. When you contact us, please provide your name and/or postal or e-mail address. We will not disclose your e-mail address to any third party without your consent.

Aggregate And "Click Stream" Information

We collect aggregate information about you and your use of our services, whether you have an account or not. For instance, we may collect various forms of click stream information such as IP address information, entry and exit points for our site (i.e., referring URLs or domains), search terms, site traffic, page views, impressions, and operating system and browser type. Such aggregate information generally will not personally identify you or be correlated to you. If we do correlate any aggregate information to you specifically, we will do so for our internal use only and will not disclose such information to any third party. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information, provided that such information does not personally identify you.

Cookies

We may make use of "cookies" on our site. Cookies are small text files that are stored on your computer by the Web server through your browser. A cookie itself is not designed or intended to read any information from your computer (other than the contents of the cookie); rather, it is an identifier used by the Web site that originally placed it on your hard drive. The actual contents of the cookie information can be retrieved by the same server to identify the computer and subsequently to customize, monitor, or regulate the use of the site based on information stored in the cookie or host server. Therefore, cookies allow us to do things like automate access and data entry functions of our site, and tailor the site to your preferences or interests.

You may adjust your Web browsers either to alert you of the use of cookies or to refuse to accept cookies entirely. Be aware that if you elect not to accept cookies, the site may not function properly or permit access.

Strategic Allies

We have entered into a variety of strategic relationships with other organizations. For example, we have contractual relationships with publishers and other organizations that provide the Materials you can peruse on our site. We provide some kinds of information to such organizations, but we do not provide them with any personally identifying information about you, except as necessary to provide services to you. For example, we may tell a publisher how many times a particular book was viewed in the course of a month at a particular library, but would not disclose who viewed the book.

Links to Other Sites

This Privacy Policy does not apply to other sites you may visit, including those you may reach via a link available on our Web site.

Security

The information that you provide on this site may be saved indefinitely. We use commercially reasonable efforts to store and maintain personally identifying information in a manner designed to protect it from loss, misuse, alteration or destruction by any unauthorized party. Your personally identifiable information is accessible via the Internet only to someone who knows your user name and password, so you should not disclose either to any unauthorized third party. Except for the foregoing, personally identifying information that we store is generally not accessible via the Internet. If your password is lost or compromised, you should immediately change your password by signing into your Bookshelf and using the "Change Password" link.

Updating and Access to Your Information

You can review and update your personal information by clicking on the Bookshelf tab on the left side of the home page. After you enter your user name and password, you will come to your personal information screen. Click on the "Update Your Information" link.

Questions, Concerns or Complaints

If you have any question about our Web site, you should first consult our FAQs ("Frequently Asked Questions"). If you have further questions or any concerns or complaints about how your personal information is used, please go to our Questions and Comments page and send us an e-mail. You may also write to us at support@ebrary.com.