Electromagnetic Field Toxicology Reporter
Subscriber Agreement

Last modified on: Friday, August 10, 2001 14:16:32
Copyright © 1994-2008, Information Ventures, Inc.

To subscribe, read the Agreement below, click on "Accept," and fill out the secure payment form which follows. Please print a copy of the Agreement for your own records.

Below are the Terms and Conditions of an agreement (the "Agreement") between Information Ventures, Inc. ("IVI") and Customer under which Customer is given access to IVI's periodical entitled Electromagnetic Field Toxicology Reporter. By accessing Electromagnetic Field Toxicology Reporter, Customer hereby declares that it has read and understood the following Terms and Conditions of this Agreement and agrees to be bound by such Terms and Conditions.

1.0Title and Ownership
1.1 IVI shall own all rights, title, and interest, including any and all copyrights, in and to Electromagnetic Field Toxicology Reporter.
1.2 Any rights not specifically granted to Customer under this Agreement are reserved by IVI.
1.3 IVI may cause appropriate credits, attributions, copyright, trademark and other proprietary rights notices to appear, as reasonably appropriate, on Electromagnetic Field Toxicology Reporter or on screen displays generated during the use of Electromagnetic Field Toxicology Reporter as well as on documents produced by Electromagnetic Field Toxicology Reporter. Customer shall not remove, alter, obstruct or destroy, or permit others to remove, alter, obstruct or destroy, any such credits, attributions, or proprietary rights notices.
2.0 Payment
2.1 In order to compensate IVI for the Subscription Rights granted to Customer, Customer shall pay to IVI all subscription fees necessary for the applicable type of account (individual or institutional), for the appropriate number of Registered Users and for the applicable term of the Subscription. Unless otherwise provided in this Agreement, IVI shall not be obligated to refund any subscription fee to the customer after the subscription fee has been paid.
3.0 Subscription Rights
3.1 As long as Customer has paid the applicable subscription fee and is in compliance with all other obligations and duties under this Agreement, IVI hereby grants to Customer a limited, non-transferable, non-exclusive right to:
(a) access Electromagnetic Field Toxicology Reporter by on-line access through use of a valid authorized password and to retrieve selected Electromagnetic Field Toxicology Reporter articles for internal use by the Customer.
(b) use any supporting documentation which may be provided by IVI to Customer whether in print or on-line, but only as necessary to enable Customer to access Electromagnetic Field Toxicology Reporter on-line and to retrieve and print selected Electromagnetic Field Toxicology Reporter articles in a manner permitted under this Agreement.
4.0 Restrictions on Scope of Grant
4.1 The password assigned to a Customer is only valid as long as Customer has paid the applicable subscription fee and is not in violation of any terms of this Agreement. Password access and use of Electromagnetic Field Toxicology Reporter is permitted only by Customer or the Registered Users of Customer.
4.2 In the case of an individual Customer, the access and use of Electromagnetic Field Toxicology Reporter shall be limited solely to that single individual. In the case of an institutional Customer, the access and use of Electromagnetic Field Toxicology Reporter shall be limited to the number of Registered Users for which the institutional Customer has paid the applicable fee. Customer and any Registered Users may not assign or transfer the password of such Customer or such Registered User to any other person and may not permit any other person other than the Customer or the Registered User of such Customer to use an assigned password to access or use Electromagnetic Field Toxicology Reporter. Customer is responsible for the actions of its Registered Users under this Agreement.
4.3 Customer and any Registered Users may print the articles from any issue of Electromagnetic Field Toxicology Reporter, and may make additional copies of such articles, for internal use by the Customer or the Registered Users. Customer and the Registered Users agree not to publish, distribute, broadcast, commercially exploit, sell or distribute any information from the Electromagnetic Field Toxicology Reporter without the express written permission of IVI.
5.0 Disclaimer of Warranties
5.1 Although IVI has used reasonable care in researching and writing Electromagnetic Field Toxicology Reporter, IVI does NOT warrant that Electromagnetic Field Toxicology Reporter is free from all errors, omissions or bugs. Other than the obligations of IVI set forth in this agreement, IVI MAKES NO WARRANTIES WHATSOEVER. IVI DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY WARRANTIES ARISING FROM ANY COURSE OF CONDUCT OR DEALING. IVI MAKES NO WARRANTY THAT Electromagnetic Field Toxicology Reporter IS COMPLETE, CORRECT, AND/OR CURRENT. IVI HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED.
6.0 Limitation of Remedies and Damages
6.1 IVI assumes no responsibility with respect to the use of Electromagnetic Field Toxicology Reporter by or on behalf of Customer or Registered Users. The use of Electromagnetic Field Toxicology Reporter shall be at the sole and exclusive risk of Customer. IVI shall not be liable for any loss or damages, including any loss of profits, loss of use, or any special, incidental, consequential, or exemplary damages, resulting from the use or inability to use Electromagnetic Field Toxicology Reporter or any supporting documentation and Customer hereby agrees to indemnify and hold IVI harmless from any claim, action, demand, loss or damage however caused.
6.2 To the extent that IVI does become liable, IVI's entire and complete liability and Customer's sole and exclusive remedy for any damage or loss arising in any way from the use of or inability to use Electromagnetic Field Toxicology Reporter, including any supporting documentation, or any related products or services, regardless of the cause of action including, but not limited to, strict liability, breach of warranty, tort, negligence, or breach of contract, shall be a refund to Customer of an equitable amount not to exceed under any circumstances the total fees actually paid by Customer for a 1-year subscription.
6.3 Any claim against IVI must be brought within one year after the cause of action arises.
7.0 Injunctive Relief
7.1 Customer acknowledges and agrees that any violation of the terms of this Agreement relating to disclosure, dissemination or unauthorized use of Electromagnetic Field Toxicology Reporter will result in immediate and irreparable injury and damage to IVI that will not be adequately compensable in monetary damages, and for which IVI will have no adequate remedy at law, and therefore consents and agrees that IVI may obtain such injunctions, orders, and decrees as may be necessary to protect Electromagnetic Field Toxicology Reporter, which relief shall be cumulative and in addition to any other rights or remedies to which IVI may be entitled.
8.0 Term and Termination
8.1 The License granted under this Agreement shall commence only upon Customer's payment of the applicable subscription fee and the acceptance of the subscription by IVI by the assignment of a User Password by IVI to the Subscriber. The License shall terminate on the expiration of the subscription period, unless the License is terminated sooner under the provisions of this Agreement. The License may be renewed for additional subscription periods if Electromagnetic Field Toxicology Reporter is still available and the applicable renewal subscription fees are paid.
8.2 Upon termination of the License granted under this Agreement for any reason, Customer shall make no further use of Electromagnetic Field Toxicology Reporter whatsoever. Customer may retain copies of documents that were produced in an authorized manner using Electromagnetic Field Toxicology Reporter pursuant to the terms of this Agreement.
8.3 If Customer fails to make any payment to IVI required under this Agreement or if Customer breaches any other condition or obligation of this Agreement, IVI may immediately terminate Customer's License and subscription, and terminate Customer's access and use of the Electromagnetic Field Toxicology Reporter without notice to the Customer.
9.0 Journal Existence
9.1 IVI reserves the right to alter and change the format of the Electromagnetic Field Toxicology Reporter without notice to Customer.
9.2 IVI reserves the right to cease operation of Electromagnetic Field Toxicology Reporter and/or on-line access and use of Electromagnetic Field Toxicology Reporter by any or all Customers. IVI will agree to refund, upon written request of the Customer, any pro-rata share of any subscription fee for Electromagnetic Field Toxicology Reporter for any remaining subscription period following the deliberate cessation by IVI of Electromagnetic Field Toxicology Reporter or on-line access to Electromagnetic Field Toxicology Reporter.
10.0 Miscellaneous Provisions
10.1 Amendment. IVI reserves the right to modify the Terms and Conditions of this Agreement at any time. Any access or use of the Electromagnetic Field Toxicology Reporter by Customer following any modification of the Terms and Conditions shall signify an acceptance of the modified Terms and Conditions of this Agreement by Customer. If any Customer decides not to accept any modified Terms and Conditions, Customer must notify IVI prior to any use of Electromagnetic Field Toxicology Reporter and the original Terms and Conditions shall apply until the end of the Customer's then current subscription period. Thereafter, Customer must accept the modified Terms and Conditions for any renewal of the subscription.
10.2 Force Majeure. IVI shall not be responsible for any failure to perform, or for any delay in performance, in whole or in part, due to unforeseen circumstances, or circumstances beyond IVI's control, including, but not limited to, acts of God or nature or riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes, labor disturbances, failure or delays of suppliers or vendors, and/or shortages of transportation, fuel, labor or other materials. The parties agree to extend the time period of performance by IVI to the extent that any delay was caused by any such unforeseen circumstances or any such circumstances beyond IVI's control.
10.3 Sole Agreement. This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral.
10.4 Severability. If any provision contained in this Agreement is held to be invalid or unenforceable by a court of law or equity, the court may modify such provision to the extent possible to preserve its validity or enforceability. To the extent such provision cannot be so modified, this Agreement shall be construed as if such provision does not exist, and all other provisions of this Agreement shall remain valid and enforceable as if the invalid or unenforceable provision or provisions had never been made a part hereof.
10.5 No Third Party Benefits. Nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto or their permitted assigns, any benefits, rights or remedies.
10.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without giving effect to the principles of conflict of laws of Pennsylvania. Jurisdiction over any dispute arising under or from this Agreement shall exist only in Pennsylvania.
10.7 Assignments. Customer shall not assign this Agreement or any rights or obligations under this Agreement to another without the prior written consent of IVI.
10.8 No Waiver. A waiver by IVI of a breach or violation of any provision of this Agreement by Customer will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement.
10.9 Construction of Agreement. This Agreement shall be construed without regard to which party drafted the Agreement or any clause under this Agreement.

Accept

Decline