Registered User Agreement
This Registered User Agreement ("Agreement") sets forth the terms and conditions governing the use of this web site ("Site") provided by Elsevier Inc. ("Elsevier"), which owns and operates this site. Site technology is owned by ExamWeb, LLC, ("ExamWeb"). By becoming a registered user of the Site, completing the online registration process and clicking the "I Accept" button on the registration page, and using the Site, you agree to be bound by all of the terms and conditions of this Agreement. Your registration or subscription will continue until it expires or until terminated by Elsevier. Elsevier may discontinue or change the Site, or its availability to you, at any time without notice.
Please carefully review the terms of this Agreement before clicking the "I Accept" button on the registration form. If you do not wish to accept this Agreement, do not proceed with the registration.
Binding Terms and Changes
Elsevier may change the terms of this Agreement from time to time. Any changes to this agreement will be posted on this web page.
When the terms are changed, we will provide notice to you by posting a notice on the site. Your continued use of the Site following such notice constitutes your acceptance of those changes. If you do not agree any longer with the terms of this Agreement or to any changes, please contact our Customer Service Department immediately to cancel your registration.
Password Use and Security
By entering into this Agreement, you acknowledge that the Site is for your exclusive use only. Use or sharing of your User Name and Password by another user is prohibited. Failure to comply will result in immediate suspension of your account.
You are solely responsible for maintaining the confidentiality of your User Name and Password and for all activities that occur under your User Name and Password. You agree to immediately notify our Customer Service Department if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. We are in no way liable for any claims related to the use or misuse of your User Name and Password due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
Grant of License
Elsevier grants to its registered users a non-transferable, non-exclusive and revocable license to use the Site according to the terms and conditions set forth in this Agreement. Except as expressly granted by this Agreement, you acquire no right, title or license in the Site or the Content or other data or materials incorporated in the Site.
Fees and Payments for Subscriptions
Elsevier may charge subscription fees for access to certain content on the Site and may change the fees charged at any time. When fees are changed, Elsevier will notify you by e-mail or by posting a notice on the Site. The fee options available to you will be presented within the Site. In order to continue your access to your subscription, you will need to select one of the available fee options. If you do not select one of these options, your access to the subscription will be terminated at the end of the term then in effect. If your subscription fee is paid by an organization on your behalf ("Sponsoring Organization"), you will have the option to continue your subscription under the prevailing fee terms of such sponsorship.
You agree to pay all subscription fees and other charges (which are not paid by a Sponsoring Organization on your behalf) that may be incurred in connection with your User Name and Password (including any applicable taxes) at the rates in effect when the charges were incurred.
All fees and charges (which are not paid by a Sponsoring Organization on your behalf) incurred in connection with your User Name and Password will be billed to the credit card you designate.
You also are responsible for any charges incurred to access the Site, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third-party Site.
Be aware that ExamWeb will appear as the billing party on any credit card transactions.
Limitation of Liability
YOU AGREE THAT THE LIABILITY OF ELSEVIER, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SITE OR THE CONTENT THEREIN SHALL NOT EXCEED THE AMOUNT YOU PAID TO ELSEVIER FOR USE OF THE SITE.
ELSEVIER SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU.
Term and Termination
Your registration or subscription will continue until it expires, until terminated by Elsevier, or until you provide notice to Elsevier of your decision to terminate. Such notice should be forwarded to our Customer Service Department. Elsevier may discontinue or change the Site, or its availability to you, at any time without notice.
THIS AGREEMENT IS PERSONAL TO YOU, AND YOU MAY NOT ASSIGN YOUR RIGHTS OR OBLIGATIONS TO ANYONE.
Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.