UPDATED ON January 20th, 2010.
PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS OF USE BELOW.
This Subscriber Agreement and Terms of Use govern your use of the online
publications of NP Communications, including WebNPonline.com, AJNP.com,
NPWorldNews.com, PearsonReport.com, NPPracticeMgmt.com, and
WomensHealthCareJournal.com, and unless other terms and conditions expressly
govern, any other electronic services from NP Communications that may be made
available from time to time (each, a "Service").
If you agree to be bound by the terms of this Agreement, you should click on
the "I AGREE" button at the end of this Agreement. If you do not
agree to be bound by the terms of this Agreement, you should click "I
DISAGREE." If you click "I DISAGREE," you will not be able to
proceed with the registration process for the respective Service and become a
subscriber. To the extent you have access to, or are using, a Service without
having completed our registration process or clicked on an "I AGREE"
button, you are hereby notified that your continued use of a Service is subject
to many of the terms and conditions of this Agreement as explained in Section 5
below.
1. Changes
to Subscriber Agreement. We may change the terms of this Agreement at any
time by notifying you of the change in writing or electronically (including
without limitation, by email or by posting a notice on the Service that the
terms have been "updated"). The changes also will appear in this document,
which you can access at any time by going to the Subscriber Agreement page on a
Service. You signify that you agree to be bound by such changes by using a
Service after changes are made to this Agreement.
2. Privacy
and Your Account. Registration data and other information about you are
subject to our Privacy Policy. Your information may be stored and processed in
the United States or any other country where NP Communications has facilities, and by
subscribing to a Service, you consent to the transfer of information outside of
your country. If your access to a Service has been provided by or through a
third party (for example, your employer or an education institution where you
are a student) (each, a "Third Party"), the Third Party may have
provided us with information about you to enable us to provide you with access
to the Service and distinguish you from other subscribers (such as your email
address or name). If you access a Service using a password, you are solely
responsible for maintaining the confidentiality of that password. If you
provide someone else with access to your password to a Service, they will have
the ability to view information about your account and make changes through the
website for the Service. Similarly, if you tell someone the answer to your
security question for a Service, they will be able to request information about
your account and make changes through Customer Service. You agree to notify us
promptly if you change your address or email so we can continue to contact you
and send any notices required hereunder. If you fail to notify us promptly of a
change, then any notice we send to your old address or email shall be deemed
sufficient notice.
3. Fees
and Payments. You agree to pay the subscription fees and any other
charges incurred in connection with your user name and password for a Service
(including any applicable taxes) at the rates in effect when the charges were
incurred. If your subscription includes access to areas containing premium
content or services, your access to such areas may be subject to additional
fees, terms and conditions, which will be separately disclosed in such areas.
We will bill all charges automatically to your credit card. Subscription fees
will be billed at the beginning of your subscription or any renewal. Unless we
state in writing otherwise, all fees and charges are nonrefundable. We may
change the fees and charges then in effect, or add new fees or charges, by
giving you notice in advance. If you want to use a different credit card or
there is a change in credit card validity or expiration date, or if you believe
someone has accessed a Service using your user name and password without your
authorization, you must inform NP Communications through the Contact Us page of
the Service. You are responsible for any fees or charges incurred to access a
Service through an Internet access provider or other third-party service.
4.
Renewal. Your subscription will renew automatically, unless we terminate it
or you notify us by telephone, mail, or e-mail (receipt of which must be
confirmed by email reply from us) of your decision to terminate your
subscription. For annual subscriptions, we will notify you of the pending
renewal of your subscription at least 30 days prior to the date your
subscription renews, except as otherwise required by law. You must cancel your
subscription before it renews in order to avoid billing of subscription fees
for the renewal term to your credit card.
5.
Downloadable Mobile Products; Exceptions for Various Types of Subscribers and
Other Users.
5.1 Downloadable
Mobile Products. If you have downloaded a mobile application to access a
Service, you may have access without charge for a limited time to certain
subscriber-only content and some or all of the "Fees and Payments"
and "Renewal" terms will not apply to you during such time. To the
extent not inconsistent with this Agreement, the applicable End User License
Agreement for the mobile service through which you downloaded the mobile
application may apply.
5.2 Other
Subscribers and Users. If your access to a Service is provided by, or
through a Third Party, or if you have paid for access to the Service in
connection with your subscription to one of our print publications, or
purchased your subscription to the Service through a retailer rather than from
us directly, some or all of the "Fees and Payments" and
"Renewal" terms may not apply to you. Please contact the Third Party,
retailer or our Customer Service department for details. If you access a Service
as part of an "open house" free trial or otherwise without becoming a
subscriber, you are hereby notified that all of the terms and conditions o f
this Subscriber Agreement except the section labeled "Fees and
Payments" and "Renewal" apply to your use and access of the
Service.
6.
Limitations on Use.
a. Only one
individual may access a Service at the same time using the same user name or
password, unless we agree otherwise.
b. The text,
graphics, images, video, metadata, design, organization, compilation, look and
feel, advertising and all other protectable intellectual property (the
"Content") available through the Services are our property or the
property of our advertisers and licensors and are protected by copyright and
other intellectual property laws. Unless you have our written consent, you may
not sell, publish, distribute, retransmit or otherwise provide access to the
Content received through the Services to anyone, including, if applicable, your
fellow students or employees, with the following exceptions:
(i)
You may occasionally distribute a copy of an article, or a portion of an
article, from a Service in non-electronic form to a few individuals without
charge, provided you include all copyright and other proprietary rights notices
in the same form in which the notices appear in the Service, original source
attribution, and the phrase "Used with permission from NP Communications "
or "Used with permission from webNPonline.com", as appropriate.
Please contact the publisher if you need to distribute an article from a
Service to a larger number of individuals, on a regular basis or in any other
manner not expressly permitted by this Agreement.
(ii) You
may occasionally use our "E-mail This" service to e-mail an article
from a Service to a few individuals, without charge. You are not permitted to
use this service for the purpose of regularly providing other users with access
to content from a Service.
(iii) While
you may download, store and create an archive of articles from the Service for
your personal use, you may not otherwise provide access to such an archive to
more than a few individuals on an occasional basis. The foregoing does not
apply to any sharing functionality we provide through the Service that
expressly allows you to share articles or links to articles with others. In
addition, you may not use such an archive to develop or operate an automated
trading system or for data or text mining.
c. You agree not to
rearrange or modify the Content. You agree not to create abstracts from, scrape
or display our content for use on another web site or service (other than
headlines from our RSS Feed with active links back to the full article on the
Service). You agree not to post any content from the Services (other than
headlines from our RSS Feed with active links back to the full article on the
Service) to weblogs, newsgroups, mail lists or electronic bulletin boards,
without our written consent.
d. You agree not to
use the Services for any unlawful purpose. We reserve the right to terminate or
restrict your access to a Service if, in our opinion, your use of the Service
may violate any laws, regulations or rulings, infringe upon another person’s
rights or violate the terms of this Agreement. Also, we may refuse to grant you
a user name that impersonates someone else, is protected by trademark or other
proprietary right law, or is vulgar or otherwise offensive.
7. Community; User Generated Content.
a. User Name. We
require you to register to have access to our community area. We require that
you use your own first and last name as your user name for community. With
certain exceptions, when you register, we will prefill your user name with your
own name. It is your responsibility to choose your password wisely. If you have
concerns or believe that someone is using your password without your authority,
please contact Customer Service. We reserve the right to disclose any
information about you, including registration data, in order to comply with any
applicable laws and/or requests under legal process, to operate our systems
properly, to protect our property or rights, and to safeguard the interests of
others.
b. User Generated Content.
i.
User Content. We offer you the opportunity to
comment on and engage in discussions regarding articles, companies and various
topics. Any content, information, graphics, audio, images, and links you submit
as part of creating your profile or in connection with any of the foregoing
activities is referred to as "User Content" in this Agreement and is
subject to various terms and conditions as set forth below.
ii.
Cautions Regarding Other Users and User Content.
You understand and agree that User Content includes information, views,
opinions, and recommendations of many individuals and organizations and is
designed to help you gather the information you need to help you make your own
decisions. Importantly, you are responsible for your own investment decisions
and for properly analyzing and verifying any information you intend to rely
upon. We do not endorse any recommendation or opinion made by any user. We do
not routinely screen, edit, or review User Content. However, we reserve the
right to monitor or remove any User Content from the Services at any time
without notice. You should also be aware that other users may use our Services
for personal gain. As a result, please approach messages with appropriate
skepticism. User Content may be misleading, deceptive, or in error.
iii.
Grant of Rights and Representations by You. If
you upload, post or submit any User Content on a Service, you represent to us
that you have all the necessary legal rights to upload, post or submit such
User Content and it will not violate any law or the rights of any person. You
agree that upon uploading, posting or submitting information on the Services,
you grant NP Communications, and our respective affiliates and successors a non-exclusive,
transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable
right and license to use, distribute, publicly perform, display, reproduce, and
create derivative works from your User Content in any and all media, in any
manner, in whole or part, without any duty to compensate you. You also grant us
the right to authorize the use of User Content, or any portion thereof, by
users and other users in accordance with the terms and conditions of this
Agreement, including the rights to feature your User Content specifically on
the Services and to allow other users or users to request access to your User
Content, such as for example through an RSS Feed.
iv.
We may also remove any User Content for any
reason and without notice to you. This includes all materials related to your
use of the Services or membership, including email accounts, postings, profiles
or other personalized information you have created while on the Services.
v.
Rules of Conduct. All users must comply
with the Community Rules.
vi.
Copyright/IP Policy. It is our policy to respond
to notices of alleged infringement that comply with the Digital Millennium
Copyright Act.
8. Third Party Web Sites, Services and
Software. We may link to, or promote, web sites or services from other
companies or offer you the ability to download software from other companies.
You agree that we are not responsible for, and do not control, those web sites,
services and software.
9. DISCLAIMERS OF WARRANTIES AND
LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE
SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN
"AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM
ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the
purchase or sale of any security or investment. You should always seek the
assistance of a professional for tax and investment advice. NP COMMUNICATIONS, AND ITS
SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND
LICENSORS ("THE NP COMMUNICATIONS PARTIES") WILL NOT BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE
SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS
AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR
NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY,
EVEN IF ANY OF THE NP COMMUNICATIONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR
COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE
OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS
ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NP COMMUNICATIONS PARTIES’
LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY
APPLICABLE LAW.
10. General. This Agreement contains
the final and entire agreement between us regarding your use of the Services
and supersedes all previous and contemporaneous oral or written agreements
regarding your use of the Services. We may discontinue or change the Services,
or their availability to you, at any time. This Agreement is personal to you,
which means that you may not assign your rights or obligations under this
Agreement to anyone. No third party is a beneficiary of this Agreement. You
agree that this Agreement, as well as any and all claims arising from this
Agreement will be governed by and construed in accordance with the laws of the
State of New York, United States of America applicable to contracts made
entirely within New York and wholly performed in New York, without regard to
any conflict or choice of law principles. The sole jurisdiction and venue for
any litigation arising out of this Agreement will be an appropriate federal or
state court located in New York. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods.
11. Additional Terms and Notices.
We employ cookie technology. Read our Privacy Policy Statement for
more information on our use of cookies. Certain of our content, data and
information providers require us to include additional terms and conditions
relating to their content and data.
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