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User Agreement:
CADUCEUS INTERNATIONAL PUBLISHING INC. eTEXTBOOK SERVICE AGREEMENT BY CLICKING THE CHECK BOX LABELED "YES, I HAVE READ AND AGREE TO THE CADUCEUS INTERNATIONAL PUBLISHING INC. SERVICE AGREEMENT," YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE REVIEWED THE TERMS AND CONDITIONS IN THIS AGREEMENT AND THAT YOU AGREE WITH AND ACCEPT THEM. 1. The Service. As consideration for entering into this Agreement, Caduceus International Publishing Inc., (Caduceus) grants to you, the subscriber, access to the Caduceus International Publishing Inc., eTextbooks Online subscription service (the "Service") on condition that you agree with and accept all of the terms and conditions set forth herein (the "Agreement"), and limited by the terms of your paid subscription. 2. Extents and Limitations of the Service. 2.1 The Service is a subscription service that enables you, for the duration of your subscription, to access and use digital versions of certain Caduceus International Publishing's textbooks (eTextbooks). As a paying subscriber of the Service, you are granted a personal, non-exclusive, non-transferable, limited license to access eTexbooks, and to display, reproduce, print and store portions of their contents solely for your personal, noncommercial use. All title to, ownership of and all copyright and other proprietary rights in the Service and the eTextbooks shall at all times remain property of Caduceus, and the publishers and authors of the eTextbooks, as applicable. Your subscription to the Service does not constitute a sale. You may not display, transfer, transmit, reproduce, or otherwise provide access to, or benefit of, the contents of any eTextbook to any third party. In particular, you agree to keep in confidence, and not reveal to others, nor allow use by others, of any password allowing access to the Service. THESE LIMITATIONS AND RESTRICTIONS APPLY TO ANY AND ALL PRINTED MATERIALS PROVIDED BY CADUCEUS, INCLUDING EXAMINATION COPIES PROVIDED BY CADUCEUS TO YOU AS AN ASSOCIATED COURSE INSTRUCTOR, OR SIMILAR COURSE ADMINISTRATOR. 2.2 You will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the eTextbooks, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair use privilege under the U.S. copyright laws. 2.3 You will not employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce any eTextbook content. 2.4 You will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service. 2.5 The rights hereby granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. 2.6 You will promptly notify Caduceus of any known or suspected unauthorized use(s) of your subscription to the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to support@cipcourses.com. Caduceus will not be liable for any loss or damage resulting from your failure to safeguard your password and account. 2.7 Caduceus has the right to withdraw or remove features of the Service at any time, at Caduceus' sole discretion and without prior notice to you, including your ability to print portions of any new eTextbooks to which you subscribe. 3. Payment, Term and Cancellation. 3.1 When you subscribe to the Service, you agree to pay a stated subscription fee. All fees are payable in US dollars in advance and do not include applicable taxes. Caduceus reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees, charges or terms effective upon prior notice to you. 3.2 Subscription payment amounts and the specific term of subscription are detailed in separate Subscription Terms, which are incorporated herein by reference. 3.3 Caduceus reserves the right to terminate your subscription at any time for any reason at the discretion of Caduceus. In the event Caduceus terminates your subscription for your breach of this Agreement, no refund of any prepaid subscription fees will be made. Should termination occur for any other reason, Caduceus will refund to you your subscription fee or a prorated portion thereof. Upon termination, for any reason, your subscription, and all associated license rights, shall immediately terminate, and you shall cease having access to and use of the Service and will have no further rights under your subscription. Termination of your subscription to the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Caduceus. 4. Copyrights, Trademarks, Limitations on License. You acknowledge that the contents of the Caduceus International Publishing website and eTextbooks are protected by copyrights, trademarks, and other proprietary rights and protections (collectively, the "IP Rights") belonging to Caduceus and the various publishers (the "Publishers") and authors (the "Authors") whose books are being made available to you, and these IP Rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Caduceus printed matter and electronic transmissions such as Caduceus International Publishing websites are protected trademarks, trade dress or other rights of Caduceus and may not be used in any form by you or third parties without authorization. 5. Warranties and Indemnification. 5.1 The eTextbooks and the Service are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, accuracy, omissions, completeness or delays, or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that your use of the service is entirely at your own risk. Some jurisdictions do no allow the disclaimer of implied warranties. In such jurisdictions, the aforementioned disclaimers related to implied warranties may not apply to you. To the fullest extent allowed by law, Caduceus, the publishers and authors shall not be liable for any loss or damages whatsoever that result from use of the service, including but not limited to: (i) any direct, indirect, special, consequential, punitive or incidental damages; (ii) damages for loss of use, profits, data, or other intangibles; (iii) damages for unauthorized use, non-performance of service, errors or omissions; (iv) damages related to downloading information; and (v) damages resulting from viruses, worms, trojan horses, or other contamination or destructive programs, even if we have been advised of the possibility of such damages. The total liability of Caduceus, the publishers and authors shall be limited to subscription fees actually paid by you to Caduceus under this agreement. 5.2 You agree to indemnify, defend and hold harmless Caduceus, the Publishers and Authors from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Service; (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of this Agreement. 6. Interruption of Service. Caduceus will not be responsible for Service failure or delay caused by an Act of God or war or terrorism, or causes beyond our control. "Act of God," as used in this Agreement, shall be construed to include, inter alia, fire, flood, hurricane, earthquakes, failure of power and/or utility service, or any other occurrence which is beyond the immediate control or remedy of Caduceus. 7. Dispute Dissolution. This Agreement shall be governed by and construed under the laws of the State of Florida without regard to its conflict of law provisions. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in Alachua County, Florida under the administration and rules of the American Arbitration Association. Arbitration may be initiated by either party after 10 days notice to the other party that it desires that the dispute between them be settled by arbitration. Each party shall pay its own expenses associated with such arbitration and an equal share of the expenses of any selected arbitrator. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded. 8. Entire Agreement and Amendments. This Agreement supersedes all other prior agreements, warranties, or representations with regard to your use of the Service. Caduceus may amend the terms of this Agreement from time to time by posting such amendments on the Caduceus International Publishing website under "Caduceus International Publishing Terms and Conditions of Service and Use." 9. Enforcement and Waiver. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement. Failure by Caduceus to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion. 10. Digital Millennium Copyright Act. If you have any copyright concerns about any materials posted or made available to you as part on the Caduceus International Publishing website, please let us know. Caduceus complies with the provisions of the Digital Millennium Copyright Act. If you believe infringement has occurred, please provide Caduceus with written notice ("Notice") by contacting the Designated Agent at the following address: Designated Agent Caduceus International Publishing Inc. 16614 Highway 441 South Micanopy, FL 32667 10.1 To file a Notice with Caduceus, you must provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Please provide all of the following information: a. Identify in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed. b. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. c. Provide information reasonably sufficient to permit Caduceus to contact you (email address is preferred). d. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." e. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." f. Sign the paper. g. Send the written communication to the above address.
I Agree:
