Terms and Conditions
Terms of Subscription and License Agreement for AccessEngineering
All use of The McGraw-Hill Companies ("McGraw-Hill") AccessEngineering web pages is subject to the terms and conditions set forth below. By using AccessEngineering, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" and "User" refer to the person who completed the registration process.
AccessEngineering contains two types of content:
- "AccessEngineering Owned Content" means information entered into Accessengineering 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 AccessEngineering (collectively the "McGraw-Hill Designated Online Providers").
- "Other Content" means any other information entered into AccessEngineering by Users or other persons.
Use of Accessengineering
All of the Accessengineering 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 Accessengineering. During the term of your subscription to Accessengineering, McGraw-Hill hereby grants you a non-exclusive, non-transferable license to access and use accessEngineering for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access AccessEngineering using the User's screen name and password. You may display, download, or print out, for your own research or study only, materials from Accessengineering; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from AccessEngineering or modify or remove any proprietary notices contained therein, or create derivative works based on materials from Accessengineering. You may not engage in systematic retrieval of Content from the Accessengineering 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
The User grants to McGraw-Hill the perpetual, non-exclusive right to use all material entered into AccessEngineering by the User (other than third-party material transmitted through private electronic mail) in any of McGraw-Hill's print or electronic publications.
Users entering material into AccessEngineering are responsible for the content of that material. Neither McGraw-Hill nor the McGraw-Hill Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from AccessEngineering. However, McGraw-Hill retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which McGraw-Hill deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through Accessengineering which is promotional in nature, including solicitations for funds or business, without the prior written authorization of McGraw-Hill.
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 either: (i) the User's violation of this Agreement; or (ii) material entered into AccessEngineering with the use of the User's screen name or password. 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.
No Warranties/Limitations on Liability
ACCESSENGINEERING 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 ACCESSENGINEERING, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ACCESSENGINEERING.
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 ACCESSENGINEERING. 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 ACCESSMEDICINE SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO MCGRAW-HILL FOR USE OF ACCESSMEDICINE DURING THE PREVIOUS TWELVE (12) MONTHS.
As part of the registration process, you must select 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 e-mail to OnlineCustomer_Service@mcgraw-hill.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify McGraw-Hill within thirty (30) days of any other changes in your registration data.
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 AccessEngineeringe or, at McGraw-Hill's option, directly to users via electronic mail or conventional mail. Use of AccessEngineering 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 AccessEngineering, 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 Accessengineering immediately without notice, in addition to any other available remedies.
Fees and Payments
Your annual subscription fee for your selected AccessEngineering service(s) must be fully paid before you will be provided access to AccessEngineering.
You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of AccessEngineering. User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable. 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 AccessEngineering and supersedes any and all other agreements, oral or in writing, with respect to AccessEngineering. 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.