All use of McGraw Hill's AccessScience web pages (“AccessScience”) is subject to the terms and conditions set forth below.
"AccessScience Owned Content" means information entered into AccessScience by McGraw Hill's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by McGraw Hill to contribute to AccessScience (collectively the "McGraw Hill Designated Online Providers").
Use of AccessScience
All of the AccessScience Owned Content is either the property of McGraw Hill or is licensed to McGraw Hill and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw Hill to protect McGraw Hill's proprietary interests in AccessScience. During the term of your subscription to AccessScience, McGraw Hill hereby grants you a non-exclusive, non-transferable license to access and use AccessScience for the fees and under the terms described in this Agreement. You may display, download, or print out, for your own research or study only, materials from AccessScience; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from AccessScience or modify or remove any proprietary notices contained therein, or create derivative works based on materials from AccessScience. You may not engage in systematic retrieval of Content from AccessScience to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from McGraw Hill. 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 information from AccessScience; or (iii) cause disruption to the operation of AccessScience. McGraw Hill reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of AccessScience. The User may not disseminate any portion of AccessScience 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, AccessScience.
The User agrees to indemnify McGraw Hill and the McGraw Hill Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw Hill, its affiliates, employees and the McGraw Hill Designated Online Providers may incur as a result of the User's violation of this Agreement. McGraw Hill reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw Hill or the McGraw Hill Designated Online Providers.
McGraw Hill may provide, or third parties may provide, links to other World Wide Web sites or resources. McGraw Hill does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that McGraw Hill shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.
AccessScience users may display, download, or print out PowerPoint slides and images associated with the site for personal and educational use only. Educational use refers to classroom teaching, lectures, presentations, and other instructional activities, such as displaying, linking to, downloading, printing and making and distributing multiple copies of said isolated materials in both print and electronic format.Users will only display, distribute, or otherwise make such PowerPoint slides and images from the applicable AccessScience materials available to students or other persons attending in-person presentations, lectures, or other similar instructional activities presented or given by User.
Commercial use of PowerPoint slides and images is not permitted under this agreement. Users may modify the content of downloaded PowerPoint slides only for educational (non-commercial) use, however the source and attribution may not be modified. Users may not otherwise copy, print, transmit, rent, lend, sell or modify any images from AccessScience or modify or remove any proprietary notices contained therein, or create derivative works based on materials therefrom. They also many not disseminate any portion of the applicable AccessScience site subscribed to hereunder through electronic means except as outlined above, including mail lists or electronic bulletin boards.
No Warranties/Limitations on Liability
ACCESSSCIENCE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW HILL NOR THE MCGRAW HILL 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 ACCESSSCIENCE, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECTOR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ACCESSSCIENCE.
SCIENCE IS EVER-CHANGING. MCGRAW HILL AND THE MCGRAW HILL DESIGNATED ONLINE PROVIDERS HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND ACCURATE AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN SCIENCE RESEARCH, NEITHER MCGRAW HILL NOR THE MCGRAW HILL DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN ACCESSSCIENCE IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN ACCESSSCIENCE WITH OTHER SOURCES. NEITHER MCGRAW HILL NOR THE MCGRAW HILL DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE,ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL MCGRAW HILL OR THE MCGRAW HILL 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 ACCESSSCIENCE. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST MCGRAW HILL OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION,THE MCGRAW HILL DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF ACCESSSCIENCE SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO MCGRAW HILL FOR USE OF ACCESSSCIENCE DURING THE PREVIOUS TWELVE (12) MONTHS.
As part of the registration process, you will receive a screen name and password. You will keep you User name and password confidential. You are responsible to promptly notify McGraw Hill of any disclosure or unauthorized use of you User name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending email to OnlineCustomer_Service@mheducation.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification. You will notify McGraw Hill within thirty (30) days of any other changes in your registration data.
McGraw Hill may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from McGraw Hill which may be of interest to you. In addition, McGraw Hill may provide aggregated, anonymous statistical information about AccessScience users to other persons, including potential advertising clients. For detailed information, please click the Privacy Notice link at the bottom of any screen of AccessScience.
Term and Termination
This Agreement will continue and renew automatically unless terminated by McGraw Hill, as provided for in this Agreement, or you fail to respond to the renewal notice from McGraw Hill and do not renew your subscription.
McGraw Hill reserves the right to change the terms of this Agreement by providing notice in AccessScience or, at McGraw Hill's option, directly to users via electronic mail or conventional mail. Use of AccessScience following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.
McGraw Hill may discontinue or change AccessScience, 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, McGraw Hill reserves the right in its sole discretion to suspend or terminate your access to AccessScience immediately without notice, in addition to any other available remedies.
Fees and Payments
Your annual subscription fee for AccessScience must be fully paid before you will be provided access to AccessScience.
You agree to pay all fees and charges incurred in connection with your Username and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. McGraw Hill 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 McGraw Hill 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 McGraw Hill relating to AccessScience and supersedes any and all other agreements, oral or in writing, with respect to AccessScience. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw Hill 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.