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West Academic Study Aids Agreement for Law Schools
West Academic Reference Collection User Agreement
Study Aids Free Trial Subscriber Agreement
Your access to and use of West Academic Study Aids, an Internet-based online academic materials posting and content repository ("Study Aids") available through subscription.westacademic.com or lawschool.westlaw.com, is subject to the terms and conditions of the agreement below ("Agreement"). To accept the terms and conditions, to be bound by them and to access Study Aids, please read the Agreement. If you agree with the terms of the Agreement, click on "I Accept" below to submit the Agreement, and you will become an authorized user ("User") of Study Aids. If you do not agree with the terms of the Agreement, click on "I Do Not Accept" below and you will not be able to access Study Aids.
1. Study Aids License.
1.1 Grant.
West Academic grants User a non-exclusive, non-transferable, limited license to access Study Aids, which consists of various
West Academic-owned and third party academic and secondary materials that may change from time to time. User
is licensed to access and use Study Aids online through subscription.westacademic.com and/or lawschool.westlaw.com
after a subscription is initiated. Access to certain materials may be restricted by West Academic. The license
includes the right to quote and excerpt from such Study Aids (appropriately cited and credited) by limited electronic
cutting and pasting in work product created by User in the regular course of his or her research and work. User
may also create printouts of insubstantial portions of Study Aids for personal use.
1.2 Limitations. User may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell or otherwise use the Study Aids, or any portion of the Study Aids, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West Academic 's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Study Aids cannot be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in User's work product. Except as expressly permitted herein, User shall not sell, license or distribute Study Aids (including printouts and downloaded materials) to third parties or use Study Aids as a component of or as a basis for any material offered for sale, license or distribution.
1.3 Rights to Use. User may license such Study Aids and obtain access online through subscription.westacademic.com and/or lawschool.westlaw.com. Offline access is available via the West Academic Library app, provided via the Apple App Store or Goggle Play.
1.4 Rights in Study Aids. Except for the license granted in this Agreement, all rights, title and interest in Study Aids, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West Academic and other contributors ("Contributors").
2. Responsibility for Certain Matters. User is solely responsible for maintaining security of West Academic passwords. User is also responsible for all access to and use of Study Aids by means of User's account ("Account"), whether or not User has knowledge of such access and use. West Academic reserves the right to restrict access to certain Study Aids and to cancel any Account, Study Aids code, and/or Study Aids access.
3. Reservation of Rights. West Academic reserves the right to modify the terms and conditions of this Agreement as set forth herein, specifically including, but not limited to, the right to impose usage limitations on Study Aids access and/or printing, cutting and/or pasting.
4. Usage Restrictions. User shall not use any Study Aids in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. User acknowledges that access to certain Study Aids is subject to Contributor restrictions. User agrees not to access such Contributor Study Aids for any purpose or in any way that is contrary to such Contributor restrictions. West Academic retains the right to temporarily or permanently block access to certain Study Aids if West Academic, in its sole discretion, believes that the Study Aids may be used for an improper purpose or otherwise in violation of this Agreement, or where a Contributor requires West Academic to block such access. By accessing Study Aids, User acknowledges that from time to time, West Academic and its Contributors and/or various government entities may inquire as to User's compliance with applicable laws or this Agreement. User agrees to cooperate with any inquiry. User shall report to West Academic any misuse, abuse, or compromise of Study Aids of which User becomes aware.
5. Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, STUDY AIDS IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF STUDY AIDS. USER ACKNOWLEDGES THAT ACCESS TO THE INTERNET IS NECESSARY FOR USE OF STUDY AIDS AND HAS RESPONSIBILITY FOR OBTAINING SUCH ACCESS. ACCESS TO STUDY AIDS MAY VARY WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS ACCESSED. CERTAIN SOFTWARE USED BY USER MAY NOT BE CAPABLE OF SUPPORTING STUDY AIDS. USER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM STUDY AIDS, AND/OR USE OF LINKS FROM THIS WEBSITE IS AT USER'S OWN RISK. WEST ACADEMIC DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. USER ACKNOWLEDGES THAT ANY RELIANCE ON STUDY AIDS WILL BE AT USER'S OWN RISK. WEST ACADEMIC DOES NOT WARRANT THAT USER'S ACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST ACADEMIC 'S INTERNAL SYSTEMS. WEST ACADEMIC RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO STUDY AIDS FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT. WEST ACADEMIC MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST ACADEMIC AND/OR ITS AFFILIATES, OR MAY CAUSE WEST ACADEMIC TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. USER IS PERMITTED TO ACCESS, SEARCH, DISPLAY, VIEW, REPRODUCE MATERIALS FOR USE AS CONTEMPLATED BY THIS AGREEMENT. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST ACADEMIC AS A SERVICE TO USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. STUDY AIDS MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST ACADEMIC. IN NO EVENT WILL WEST ACADEMIC AND/OR ITS AFFILIATES BE RESPONSIBLE FOR INADVERTENT CONTACT OF USER BY WEST ACADEMIC 'S AND/OR ITS AFFILIATES' EMPLOYEES, REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST ACADEMIC, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF STUDY AIDS, EVEN IF WEST ACADEMIC, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Information for California Users Only. Under California Civil Code Section 1789.3, West Academic is required to provide the following information: (a) The provider of Study Aids is West Academic, 444 Cedar Street, Suite 700, St. Paul, Minnesota 55101, telephone 877-888-1330; and, (b) The Consumer Affairs Center of the California Department of Consumer Affairs may be reached at 400 R. Street, Sacramento, CA 95814, telephone 1-916-445-1254.
7. Modifications. West Academic may, at any time without notice, amend this Agreement and modify, enhance or delete Study Aids. User will be notified of the amended or new terms of this Agreement, and such new terms will be posted online and effective immediately upon posting. User is responsible for regularly reviewing this Agreement. BY USING STUDY AIDS AFTER ANY AMENDMENT BY WEST ACADEMIC, USER AGREES TO BE BOUND BY THE AGREEMENT AS AMENDED. Continued use of Study Aids or subscription.westacademic.com after any such changes also constitutes User's consent to such changes. Furthermore, West Academic may periodically, at its option and/or upon Contributor request, remove Study Aids. West Academic will use commercially reasonable efforts to provide Users with online notification of such removal.
8. No Assignment. User may not assign, sublicense or otherwise transfer this Agreement or any part of it (including User's Study Aids code(s) and /or Account) to a third party without West Academic's prior written consent. User is responsible for all access to and use of Study Aids by means of User's Study Aids code and/or Account, even if User did not know of or authorize such access and use.
9. Term and Termination. This Agreement will be effective upon User's first access to Study Aids, including access via a Study Aids code. Access to Users will terminate upon conclusion of the Minimum Term elected by User's law school. Upon such termination, User's right to access to and use of Study Aids, including User highlighting, annotations and the like, will terminate. Notwithstanding the foregoing, however, (i) User may terminate this Agreement at any time by giving West Academic notice by United States mail to West Academic Programs, 444 Cedar Street, Suite 700, St. Paul, Minnesota 55101, telephone 877-888-1330; and ceasing all use of Study Aids and the License Code(s) or Password, and (ii) West Academic may terminate this Agreement and User's right to access and use Study Aids at any time by revoking the License Code(s) or Password or by terminating the agreement between User's law school and West Academic.
10. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A., without regard to conflicts of law provisions. If any provision(s) of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the Agreement will not be affected. Failure to enforce any provision of this Agreement will not waive a party's right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof.
11. Ideas and Concepts. Any and all Feedback that User provides to West Academic shall become the exclusive property of West Academic without any payment, accounting remuneration or attribution to User. "Feedback" means information provided, in any manner, by or on behalf of User with respect to any feature, West product or service, or their enhancement, customization, configuration, installation or implementation, including but not limited to ideas, concepts, suggestions, materials, function method processes and rules.
© 2018 LEG, Inc. d/b/a West Academic. All rights reserved.
West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license. All rights reserved.
Your access to and use of West Academic Reference Collection ("WARC"), West Academic's Internet-based online reference materials posting and content repository available through subscription.westacademic.com, is subject to the terms and conditions of the agreement below ("Agreement"). To accept the terms and conditions, to be bound by them and to access WARC, please read the Agreement. If you agree with the terms of the Agreement, click on "I Accept" below to submit the Agreement, and you will become an authorized user ("User") of WARC. If you do not agree with the terms of the Agreement, click on "I Do Not Accept" below and you will not be able to access WARC.
1.1 Grant. West Academic grants User a non-exclusive, non-transferable, limited license to access WARC, which consists of reference materials providing analysis and explanation of substantive areas of law that are either West Academic-owned and or authored third party materials that may change from time to time. User is licensed to access and use WARC through equipment provided by User or User's Organization at the time the subscription is initiated. Access to certain materials may be restricted by West Academic. The license includes the right to quote and excerpt from WARC (appropriately cited and credited) by limited electronic cutting and pasting in work product created by User in the regular course of his or her research and work. User may also create printouts of insubstantial portions of WARC for personal use.
1.2 Limitations. User may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell or otherwise use WARC, or any portion of WARC, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West Academic 's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). No content from WARC can be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in User's work product. Except as expressly permitted herein, User shall not sell, license or distribute WARC (including printouts and downloaded materials) to third parties or use content from the Service as a component of or as a basis for any material offered for sale, license or distribution.
1.3 WARC Rights in Use. User may license such WARC and obtain access online via User's Organization or subscription.westacademic.com. Offline access is available via the West Academic Library app, provided via the Apple App Store or Goggle Play.
1.4 Rights in WARC. Except for the license granted in this Agreement, all rights, title and interest in the WARC, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West Academic and other contributors ("Contributors").
2. Responsibility for Certain Matters. User is responsible for all access to and use of the WARC by means of User's account ("Account"), whether or not User has knowledge of such access and use. West Academic reserves the right to restrict access to WARC and to cancel any Account, or access to the Service.
3. Reservation of Rights. West Academic reserves the right to modify the terms and conditions of this Agreement as set forth herein, specifically including, but not limited to, the right to impose usage limitations on access to WARC and/or printing, cutting and/or pasting of content from WARC.
4. Usage Restrictions. User shall not use any content from WARC in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. User acknowledges that access to certain content in WARC may be subject to Contributor restrictions. User agrees not to access such Contributor content from WARC for any purpose or in any way that is contrary to such Contributor restrictions. West Academic retains the right to temporarily or permanently block access to certain content in WARC if West Academic, in its sole discretion, believes that content from WARC may be used for an improper purpose or otherwise in violation of this Agreement, or where a Contributor requires West Academic to block such access. By accessing WARC, User acknowledges that from time to time, West Academic and its Contributors and/or various government entities may inquire as to User's compliance with applicable laws or this Agreement. User agrees to cooperate with any inquiry. User shall report to West Academic any misuse, abuse, or compromise of WARC of which User becomes aware.
5. Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WARC IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE ONLINE WARC. USER ACKNOWLEDGES THAT ACCESS TO THE INTERNET IS NECESSARY FOR USE OF WARC AND HAS RESPONSIBILITY FOR OBTAINING SUCH ACCESS. ACCESS TO WARC MAY VARY WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS ACCESSED. CERTAIN SOFTWARE USED BY USER MAY NOT BE CAPABLE OF SUPPORTING WARC. USER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM WARC, AND/OR USE OF LINKS FROM THIS WEBSITE IS AT USER'S OWN RISK. WEST ACADEMIC DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. USER ACKNOWLEDGES THAT ANY RELIANCE ON WARC FROM ANY INTERNET SERVICE WILL BE AT USER'S OWN RISK. WEST ACADEMIC DOES NOT WARRANT THAT USER'S ACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST ACADEMIC 'S INTERNAL SYSTEMS. WEST ACADEMIC RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO WARC FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT. WEST ACADEMIC MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST ACADEMIC AND/OR ITS AFFILIATES, OR MAY CAUSE WEST ACADEMIC TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. USER IS PERMITTED TO ACCESS, SEARCH, DISPLAY, VIEW, REPRODUCE MATERIALS FOR USE AS CONTEMPLATED BY THIS AGREEMENT. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST ACADEMIC AS A SERVICE TO USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. CONTENT CONTAINED IN WARC MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST ACADEMIC. IN NO EVENT WILL WEST ACADEMIC AND/OR ITS AFFILIATES BE RESPONSIBLE FOR INADVERTENT CONTACT OF USER BY WEST ACADEMIC 'S AND/OR ITS AFFILIATES' EMPLOYEES, REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST ACADEMIC, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF WARC OR THE SERVICE, EVEN IF WEST ACADEMIC, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Information for California Users Only. Under California Civil Code Section 1789.3, West Academic is required to provide the following information: (a) The provider of the West Academic Reference Collection is West Academic, 444 Cedar Street, Suite 700, St. Paul, Minnesota 55101, telephone 877-888-1330; and, (b) The Consumer Affairs Center of the California Department of Consumer Affairs may be reached at 400 R. Street, Sacramento, CA 95814, telephone 1-916-445-1254.
7. Modifications. West Academic may, at any time without notice, amend this Agreement and modify, enhance or delete content or features from WARC. User will be notified of the amended or new terms of this Agreement, and such new terms will be posted online and effective immediately upon posting. User is responsible for regularly reviewing this Agreement. BY USING WARC AFTER ANY AMENDMENT BY WEST ACADEMIC, USER AGREES TO BE BOUND BY THE AGREEMENT AS AMENDED. Continued use of WARC at subscription.westacademic.com after any such changes also constitutes User's consent to such changes. Furthermore, West Academic may periodically, at its option and/or upon Contributor request, remove content from WARC. West Academic will use commercially reasonable efforts to provide Users with online notification of such removal.
8. No Assignment. User may not assign, sublicense or otherwise transfer this Agreement or any part of it to a third party without West Academic's prior written consent. User is responsible for all access to and use of WARC by means of User's Organization's Account, even if User's Organization did not know of or authorize such access and use.
9. Term and Termination. This Agreement will be effective upon User's first access to WARC. Access to Users will terminate upon conclusion of the Agreement with Users Organization. Upon such termination, User's right to access to and use of WARC, including User highlighting, annotations and the like, will terminate. Notwithstanding the foregoing, however, (i) User may terminate this Agreement at any time by giving West Academic notice by United States mail to West Academic Programs, 444 Cedar Street, Suite 700, St. Paul, Minnesota 55101, telephone 877-888-1330; and ceasing all use of WARC, and (ii) West Academic may terminate this Agreement and User's right to access and use the WARC at any time by revoking individual User(s) access or by terminating the agreement between User's Organization and West Academic.
10. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A., without regard to conflicts of law provisions. If any provision(s) of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the Agreement will not be affected. Failure to enforce any provision of this Agreement will not waive a party's right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof.
11. Ideas and Concepts. Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that User provides to West Academic regarding WARC or the like shall become exclusive property of West Academic and may be used for its business purposes in its sole discretion without any payment, accounting, remuneration or attribution to User.
© 2018 LEG, Inc. d/b/a West Academic. All rights reserved.
West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license. All rights reserved.
Your access to and use of West Academic Study Aids ("Trial"), West Academic's Internet-based online academic materials posting and content repository ("Study Aids") available through subscription.westacademic.com, is subject to the terms and conditions of the agreement below ("Agreement"). If you agree with the terms of the Agreement, click on "I Accept" below to submit the Agreement, and you will become an authorized user ("User") of Study Aids. If you do not agree with the terms of the Agreement, click on "I Do Not Accept" below and you will not be able to access Study Aids.
1. Study Aids License
1.1 Grant. West Academic grants User a non-exclusive, non-transferable, limited license to access Study Aids, which consists of various West Academic-owned and third party academic and secondary materials, including various study aids that may change from time to time. User is licensed to access and use Study Aids through equipment provided by User or User's law school. Access to certain materials may be restricted by West Academic. The license includes the right to quote and excerpt from such Study Aids (appropriately cited and credited) by limited electronic cutting and pasting in work product created by User in the regular course of his or her research and work. User may also create printouts of insubstantial portions of Study Aids for personal use. This limited license is only available for one time use for the duration of the trial period. A User is prohibited from signing up for any free trial no more than once in any academic year.
1.2 Limitations. User may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell or otherwise use the Study Aids, or any portion of the Study Aids, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West Academic's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Study Aids cannot be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in User's work product. Except as expressly permitted herein, User shall not sell, license or distribute Study Aids (including printouts and downloaded materials) to third parties or use Study Aids as a component of or as a basis for any material offered for sale, license or distribution.
1.3 Rights to Use. User may use such Study Aids and obtain access online via subscription.westacademic.com.
1.4 Rights in Study Aids. Except for the license granted in this Agreement, all rights, title and interest in Study Aids, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West Academic and other contributors ("Contributors").
2. Responsibility for Certain Matters. User is solely responsible for maintaining security of all relevant passwords. User is also responsible for all access to and use of Study Aids by means of User's account ("Account"), whether or not User has knowledge of such access and use. West Academic reserves the right to restrict access to certain Study Aids and to cancel any Account, and/or Study Aids access.
3. Reservation of Rights. West Academic reserves the right to modify the terms and conditions of this Agreement as set forth herein, specifically including, but not limited to, the right to impose usage limitations on Study Aids access and/or printing, cutting and/or pasting. West Academic may disclose information to a third party about a User or their associated activities under this license if required by another entity or if West Academic deems it necessary to disclose User information to protect their rights under the Agreement.
4. Usage Restrictions. User shall not use any Study Aids in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. User acknowledges that access to certain Study Aids is subject to Contributor restrictions. User agrees not to access such Contributor Study Aids for any purpose or in any way that is contrary to such Contributor restrictions. West Academic retains the right to temporarily or permanently block access to certain Study Aids if West Academic, in its sole discretion, believes that the Study Aids may be used for an improper purpose or otherwise in violation of this Agreement, or where a Contributor requires West Academic to block such access. By accessing Study Aids, User acknowledges that from time to time, West Academic and its Contributors and/or various government entities may inquire as to User's compliance with applicable laws or this Agreement. User agrees to cooperate with any inquiry. User shall report to West Academic any misuse, abuse, or compromise of Study Aids of which User becomes aware.
5. Disclaimer and Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, STUDY AIDS IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF STUDY AIDS. USER ACKNOWLEDGES THAT ACCESS TO THE INTERNET IS NECESSARY FOR USE OF STUDY AIDS AND HAS RESPONSIBILITY FOR OBTAINING SUCH ACCESS. ACCESS TO STUDY AIDS MAY VARY WITH VARIOUS MANUFACTURERS' EQUIPMENT WITH WHICH IT IS ACCESSED. CERTAIN SOFTWARE USED BY USER MAY NOT BE CAPABLE OF SUPPORTING STUDY AIDS. WEST ACADEMIC DOES NOT WARRANT THE LEVEL OF PERFORMANCE OF STUDY AIDS OR THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET USER'S REQUIREMENTS, BE AVAILABLE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WEST ACADEMIC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, OR CURRENCY OF THE STUDY AIDS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS. USER ACKNOWLEDGES THAT PROVISION OF STUDY AIDS ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. USER ACKNOWLEDGES AND AGREES THAT USE OF INFORMATION FROM STUDY AIDS, AND/OR USE OF LINKS FROM THIS WEBSITE IS AT USER'S OWN RISK. WEST ACADEMIC DOES NOT CONTROL THE AVAILABILITY AND CONTENT OF OUTSIDE SERVICES AND RESOURCES AND ANY CONCERNS REGARDING ANY SUCH SERVICE OR RESOURCE, OR ANY LINK THERETO, SHOULD BE DIRECTED TO THE PARTICULAR SERVICE OR RESOURCE. USER ACKNOWLEDGES THAT ANY RELIANCE ON STUDY AIDS WILL BE AT USER'S OWN RISK. WEST ACADEMIC DOES NOT WARRANT THAT USER'S ACCOUNT INFORMATION WILL REMAIN SEGREGATED FROM OTHER ACCOUNT INFORMATION WITHIN WEST ACADEMIC'S INTERNAL SYSTEMS. WEST ACADEMIC RESERVES THE RIGHT TO EXPEL USERS AND PREVENT THEIR FURTHER ACCESS TO STUDY AIDS FOR VIOLATING THE TERMS AND CONDITIONS OF THIS AGREEMENT. WEST ACADEMIC MAY TAKE ANY ACTION WITH RESPECT TO USER SUBMITTED INFORMATION THAT IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF IT BELIEVES SUCH INFORMATION MAY CREATE LIABILITY FOR WEST ACADEMIC AND/OR ITS AFFILIATES, OR MAY CAUSE WEST ACADEMIC TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS INTERNET SERVICE PROVIDER(S) OR OTHER SUPPLIERS. USER IS PERMITTED TO ACCESS, SEARCH, DISPLAY, VIEW, REPRODUCE MATERIALS FOR USE AS CONTEMPLATED BY THIS AGREEMENT. THE INFORMATION CONTAINED AT THIS WEBSITE HAS BEEN PREPARED BY WEST ACADEMIC AS A SERVICE TO USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. STUDY AIDS MAY BE PROVIDED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THOSE OF WEST ACADEMIC. IN NO EVENT WILL WEST ACADEMIC AND/OR ITS AFFILIATES BE RESPONSIBLE FOR INADVERTENT CONTACT OF USER BY WEST ACADEMIC'S AND/OR ITS AFFILIATES' EMPLOYEES, REPRESENTATIVES OR AGENTS. IN NO EVENT WILL WEST ACADEMIC, AND/OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, PUNATIVE, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OF STUDY AIDS, EVEN IF WEST ACADEMIC, AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Information for California Users Only. Under California Civil Code Section 1789.3, West Academic is required to provide the following information: (a) The provider of Study Aids is West Academic, 444 Cedar St., Suite 700, St. Paul, Minnesota 55101, telephone 1-877-888-1330; and, (b) The Consumer Affairs Center of the California Department of Consumer Affairs may be reached at 400 R. Street, Sacramento, CA 95814, telephone 1-916-445-1254.
7. Modifications. West Academic may, at any time without notice, amend this Agreement and modify, enhance or delete Study Aids. Such new terms will be effective immediately. BY USING STUDY AIDS AFTER ANY AMENDMENT BY WEST ACADEMIC, USER AGREES TO BE BOUND BY THE AGREEMENT AS AMENDED. Furthermore, West Academic may periodically, at its option and/or upon Contributor request, remove Study Aids.
8. No Assignment. User may not assign, sublicense or otherwise transfer this Agreement or any part of it (including User's Study Aids Subscription Code and /or Account) to a third party without West Academic's prior written consent. User is responsible for all access to and use of Study Aids by means of User's Account, even if User did not know of or authorize such access and use.
9. Term and Termination. This Agreement will be effective upon User's first access to Study Aids and will continue for two (2) calendar days thereafter ("Trial Term"). Upon conclusion of the Trial Term, User's access to and use of Study Aids, including User highlighting, annotations and the like, will terminate. User may, at its option, subscribe to Study Aids by ordering online through subscription.westacademic.com or through participating bookstores. This Trial is limited to one time use by a User per academic year. Notwithstanding the foregoing, however, (i) User may terminate this Agreement at any time by ceasing all use of Study Aids, and (ii) West Academic may terminate this Agreement and User's access to Study Aids at any time.
10. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A., without regard to conflicts of law provisions. If any provision(s) of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the Agreement will not be affected. Failure to enforce any provision of this Agreement will not waive a party's right to enforce such provision.
The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof.
11. Ideas and Concepts. Any and all Feedback that User provides to West Academic shall become the exclusive property of West Academic without any payment, accounting, remuneration or attribution to User. "Feedback" means information provided, in any manner, by or on behalf of User with respect to any feature, West product or service, or their enhancement, customization, configuration, installation or implementation, including but not limited to ideas, concepts, suggestions, materials, function, methods processes and rules.
© 2018 LEG Inc. d/b/a West Academic. All rights reserved.
West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license. All rights reserved.
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