- Research Publishing Services (hereinafter "RPS") grants you (hereinafter "you," "your," or "User") the right to access the RPS Online Publishing Service(s)
Online Document Delivery Service (hereinafter the "Service"), and to purchase by credit card through your Service account access on a "pay per-view" basis to single articles
and any parts thereof available through the Service (collectively, hereinafter "Articles") and any additional services that may be offered in conjunction with Articles or the
publication from which those Articles are derived (collectively, hereinafter "Publication"), subject to the terms and conditions set forth herein.
- User Information
All information will be held as confidential by RPS in accordance with RPS's commercially reasonable business practices. RPS will use such information only for
processing transactions for the Service. RPS will use commercially reasonable efforts to ensure that, except by the order or requirement of a court, administrative
agency, or other governmental body, no one other than RPS or any financial institution involved in processing your Service account, authorizations, or payments, will receive specific personal identifying information about your use of the Service.
- Permitted Access and Use; User Responsibilities
RPS grants to you one-time of online access to each Article purchased through your Service account for twenty-four (24) hours after you purchase such Article. You may
download and store, or print text, search results, or other information from such Article solely for your own private use or research. It is your responsibility to ensure that you have preserved such Article for your own personal use, either by saving the electronic PDF Article file or printing such Article within that time.
You must report any system failure or failure by you to properly receive and/or store such Article file to the User Support Desk at RPS within a twenty-four (24) hour period
from the time you confirm your purchase in order to be eligible to receive a replacement file. Replacement is your only remedy. Should any such failure be beyond your
reasonable control and prevent receipt of such notification by RPS due to Internet failures or force majeure, you shall insure that RPS receives such notification as soon as
possible after such failure is remedied, but in any event no later than one (1) week after repair of the offending system. You may be required to provide documentation or corroboration of such failure in order to receive any remedy.
You agree to use the Service and this online access in a way that conforms with all applicable laws and regulations, and you specifically agree not to make any attempt to gain unauthorized access to this or any other system or network accessed with your Service account.
- Copyright; Prohibitions on Certain Uses
Each of the Publication, Articles and their partial content, including abstracts, are copyrighted by RPS, RPS's Member Societies, and/or customers of RPS's publishing services, and are subject to all applicable copyright, database protection and other
rights of the copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the Publication, Articles, or abstracts may not be removed, obscured, or modified in any way.
RPS grants you permission for brief quotations from the text of Articles, with the customary acknowledgment of the source, subject to the restrictions, if any, set forth in the Article. Altering, recompiling, copying, reselling, redistributing, publishing or
republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any Article text, output, search results, or other information
from any Publication, or any portion thereof, including without limitation, copyright, trade secret, proprietary and/or other legal notices contained therein, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services and/or the
making of print or electronic copies for transmission to any third party are prohibited. All rights not expressly granted are reserved to the owners thereof.
RPS shall not be required to distribute, and you shall not redistribute, any Article or Publication to a country where the export thereof is prohibited by U.S. law, order, or regulation. You represent that you are from a "permitted country" and that this does not violate U.S. law.
- Failure of Performance
RPS will not be liable for any delay, downtime, Article access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. RPS will use its commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending
such correction. In the event of any failure to deliver an Article ordered, RPS's sole liability shall be to deliver such Article at another time.
- Print Version is Official Version of Record
RPS will use its commercially reasonable efforts to ensure that the online version of an Article corresponds in content with the print version, but RPS does not guarantee that it does correspond. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record.
- Disclaimer of Warranties; Limitation of Liability; Indemnification
RPS warrants that it is entitled to grant the licenses granted herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, RPS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE
ARTICLES AND PUBLICATION, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RPS SHALL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LICENSES GRANTED HEREUNDER, THE USE OR INABILITY TO USE
ANY ARTICLE, RPS'S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY RPS OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF RPS IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF RPS FOR ANY
CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT,
EXCEED THE TOTAL AMOUNT PAID BY YOU TO RPS FOR THE ARTICLE(S), BUT NOT LESS THAN US DOLLERS NINETEEN NINETY (US$19.90) FOR THE CURRENT YEAR IN
WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DUE TO NEGLIGENCE. The foregoing limitation of liability and exclusion of certain damages
shall apply regardless of the success or effectiveness of other remedies. No claim may be made against RPS unless suit is filed thereon within one (1) year after the event giving rise to the claim.
You assume sole responsibility for all use of any Article you have purchased and agree to indemnify and hold RPS harmless from and against any and all claims, liabilities, damages, expenses (including attorneys' fees and experts' costs, penalties and fees, if
any, for the enforcement of these Terms and otherwise for RPS's defense of indemnified claims), losses and threatened losses arising from or in connection with any breach of this Agreement, including without limitation, claims of unauthorized use and unauthorized distribution.
the subject matter hereof. Should any of the covenants, terms, conditions or provisions of these Terms be held invalid for any reason, such invalidity shall not affect the other
provisions of these Terms which can be given effect without the invalid provision, as the provisions of these Terms are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable. The headings used in these Terms are for convenience only and are not to be considered in construing the Terms.
- Refund policy
Refunds will be given at the discretion of the Company Management.
You may not assign or transfer your rights under these Terms.