CQ PRESS, A DIVISION OF CONGRESSIONAL QUARTERLY INC.
TERMS OF SERVICE
FOR THE ONLINE SERVICES AT CQPRESS.COM
IMPORTANT! PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF
OUR WEBSITE AND OUR SERVICES.
Welcome to the CQ Press Web site! CQ Press ( "CQ Press", "we", "our", "us") provides this Web site and the materials located at and under the domain names cqpress.com and cqpressbookstore.com and such other domains as CQ Press operates or may in the future operate (collectively, this "Site" ) and any other CQ Press services offered on this Site (which collectively with this Site are referred to as the "Services" ) to you, the user, subject to compliance with these terms and conditions and our other Copyright Notice and Takedown Policy, relating to this Site and the Services (collectively, this "Agreement" ). By accessing or using the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules, terms, conditions, policies, and procedures that may be published on this Site or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into this Agreement by this reference. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Service, and the changes will become immediately effective, and your continued use of the Site will indicate your acceptance of this Agreement as it is then in effect. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are binding on you.
USE OF WEBSITE
1.1 GENERAL LICENSE. CQ Press hereby grants to you a revocable, non-exclusive, non-transferable, non-sub licensable limited right and license to access and use those portions of the Site and the Services accessible to the general public without a password or logon for your own personal research use, subject to this Agreement. In order to use the Services, you must provide and maintain adequate communications and computer equipment and obtain access to the World Wide Web directly or through devices that access Web-based content. You are responsible for paying any and all service fees associated with such access. CQ Press provides the Services for users of this Site to provide information and products of CQ Press and its affiliates. As a condition to your use of this Site and the Services you agree that you will not: (i) use this Site or the Services to infringe the intellectual property rights of others in any way; (ii) use this Site or the Services or make any attempt to penetrate, modify or manipulate this Site or the Services or any of CQ Press's hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any CQ Press account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Services; or (iii) reverse engineer, disassemble, decompile, aggregate, disaggregate or obtain unauthorized access to or use of any elements or portion of the Services.
1.2 SUBSCRIPTION ACCESS LICENSE TO PAID SERVICES. If you are accessing the paid subscription services of CQ Press pursuant to a Subscription and Access Agreement executed by CQ Press and either you or the library or other institution providing you access at this computer terminal, then, subject to that Subscription and Access Agreement, CQ Press hereby grants to you, a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use those portions of the Services on the Site made available to you pursuant to that Subscription and Access Agreement (collectively, the "Subscription Services").
1.3 AVAILABILITY; ACCURACY. CQ Press may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. CQ Press may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Certain areas of this Site may require registration and purchase of a license to access certain content, and will be subject to additional terms and conditions. The information contained on this Site is provided solely for general informational purposes and is not intended to provide a complete description of all terms, conditions and exclusions applicable to all of the products and services described. CQ Press is not engaged in rendering legal, financial, investment or any other advice. Products and services referenced herein may not be available in all jurisdictions. The information contained on this Site was believed to be accurate at the time it was posted and CQ Press periodically updates the information on this Web site; however, CQ Press provides all information on this Site on an "as is" and "as available" basis and takes no responsibility for the timeliness, accuracy or applicability of the information.
1.4 LINKS. Links on this Site may provide access to other Internet sites that are not maintained or controlled by CQ Press. Such external Internet sites contain information created, published, maintained or otherwise posted by organizations and entities independent of CQ Press. CQ Press is not responsible for the content of those sites. Links on this Site may also provide access to other entities affiliated with CQ Press. This Agreement applies only to the Services offered at the CQ Press Site. Your use of any Web site not under the CQ Press Site and domain names operated by CQ Press will be subject to the terms and conditions posted on that Web. CQ Press takes no responsibility and assumes no liability for any content posted by any third party or on any other Web site, nor does CQ Press approve, endorse or certify information available at any external site or linked addresses.
COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this Site, and all software used on this Site are the property of CQ Press or its content suppliers and protected by United States and international copyright laws. Trademarks owned by CQ Press, including among others the CQ Press name and logo, and all other trademarks, service marks, and trade names (collectively, "Marks" ) appearing on this Site are owned by CQ Press or its licensors. Nothing in this Agreement or on the Site grants you any right or license to make any use of any materials or Marks on this Site other than as described in following paragraph.
You are only authorized to visit, view and retain a single copy of pages of this Site solely for your own individual, noncommercial use. You may incorporate insubstantial portions of materials retrieved from the Site into your materials, but you may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than your own individual, research use unless you have received prior specific authorization in writing from CQ Press's Rights and Permissions Department. We post various copyright notices and copyright management information, terms of service, and other legal notices as well as various credits on pages of this Site and the Services, which you may not remove even from your permitted copy. Certain portions of this Site are protected by various technological measures that control access to and otherwise protect the rights of CQ Press and its licensors as copyright owners. Any circumvention of such measures is strictly prohibited and subject to criminal prosecution as well as civil sanctions. Notwithstanding any copyright notices to the contrary, no copyright is claimed in the text of certain public domain documents or images available through the Services, but the selection, compilation, presentation and arrangement of such public domain materials is copyrighted by CQ Press. Certain content and materials available through the Services are largely factual in nature and are available for copying and reuse. However, any reproduction, distribution, display or modification of all or any substantial portion of this compilation or any subgroup thereof requires the express prior written permission of CQ Press's Rights and Permissions Department.
CQ Press requires users to respect its copyrights. We likewise respect the intellectual property of others. On notice, CQ Press will act expeditiously to remove content on our Site which infringes the copyright rights of others and will disable the access to the Site and Services by any one who uses them to repeatedly infringe the intellectual property rights of others. If you believe that our Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
3.1 RESTRICTIONS ON USE. Except as expressly permitted, you may not, nor may you permit others to: (a) copy any portion of the Site or Services; (b) use the Services to provide a third party access to the Services, or any portion thereof, without our express written permission;(c) use the Services to develop any database or other information resource for internal use, except as provided in Section 2; or (d) create compilations or derivative works of the materials on the Site or available through the Services.
3.2 PROHIBITED USES. You may not, nor may you permit others to: (a) store in any information retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Services, or any portion of the Site or the Services; (b) use the Services to develop any database, database service (online or otherwise), or other information resource in any medium (print, electronic or otherwise, now existing or developed in the future) for sale or license to or use by others; (c) remove, disable, or defeat any functionality in the Services designed to limit or control access to or use of the Services or to protect the rights of CQ Press or its licensors as copyright owners; (d) use the Services for the benefit of any third party, including without limitation, in an outsourcing or timesharing arrangement, or in the operation of a service bureau; (e) sell, lease, sublicense, distribute, or otherwise transfer the Services to any person, firm, or entity; (f) decompile, disassemble create or attempt to create, by reverse engineering or otherwise, the source code from any object code accessible as part of the Site or Services; or (g) use, copy or otherwise access any restricted-access portion of the Site, the Services or any content or materials contained in any such area of the Services for which you have not been licensed and invoiced by us. If for any reason, you access or permit others to access any such content or materials which have not been licensed to you, these terms and conditions apply to your use of such content and materials and you agree to pay all applicable charges.
3.3 PROHIBITED ACTIVITIES. You are responsible for all of your activities and those of others you permit to access the Site and the Services through your facilities. You may not violate or attempt to violate the security of the Services. Accordingly, you shall not (a) circumvent or attempt to circumvent any security measures designed to control access to the Site or Services or in any way obtain or attempt to obtain unauthorized access to or use of any elements or portion of the Services; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) use this Site or the Services to infringe the intellectual property rights of others in any way — be advised that it is our policy to terminate the accounts of repeat infringers of copyright; (f) use this Site or the Services or make any attempt to penetrate, modify or manipulate this Site or the Services or any of CQ Press's hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any third party; (g) attempt to interfere with service to any user, host or network, including without limitation, by submitting any harmful code, trojan horse, worm or virus to the Services, any denial of service attack, overloading, mailbombing or attempted crashing of the Services or the software or hardware used in providing the Services; or (h) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (i) create "deep links" into pages other than the front page of the Site; or (j) assist or permit any persons in engaging in any of the activities described above.
CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services, as well as the right to terminate your access to the Site or the Services.
INFORMATION YOU SUBMIT
We use the information you submit to us by email and through our "Contact CQ Press" pages and other pages we may add from time to time, to respond to your inquiries for information or requests for Services. Nonetheless, CQ Press reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability. When you complete forms online or otherwise provide us information in connection with the Site and Services, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If CQ Press in its sole discretion believes that any such information is untrue, inaccurate, not current or incomplete, CQ Press may refuse you access to our Services, and pursue any appropriate legal remedies.
In order to access certain Services offered through the Site, you may be required to pay fees and/or accept additional terms and conditions and be provided with a number, code or other sequence that provides access to certain restricted Services (the "ID" ) and to your account(the "Password" ). You are the sole and exclusive owner of the Password and ID combination. Maintaining the confidentiality and security of your Password and ID is solely your responsibility. You are fully responsible for the use and protection of the Password and ID and for all transactions undertaken by means of any account opened, held, accessed or used via the Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including, without limitation any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s). If we have reasonable grounds to suspect that the security of your password has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. You shall notify CQ Press by email of any known or suspected unauthorized use of the Services, of any known or suspected breach of security, including loss, theft, or unauthorized use of your Password or ID.
REPRESENTATIONS; WARRANTY DISCLAIMER.
You represent, warrant and covenant that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material.
YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON THIS SITE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. CQ PRESS DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CQ PRESS DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of certain implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CQ PRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to indemnify and hold CQ Press harmless, and, at CQ Press's request, to defend CQ Press from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account (see Section 6), of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. You agree to cooperate as fully as reasonably required in the defense of any such claim. CQ Press reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnity shall be in addition to and not limited by any other indemnity.
ORDER OF PRECEDENCE.
This Agreement governs your use of the Site and access to the Services. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of other agreements between you and CQ Press or any of its related or affiliated entities, the terms of this Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement.
This CQ Press website is controlled by CQ Press from its offices within the District of Columbia and, subject to Section 9 above, the substantive laws of the District of Columbia will govern any dispute arising under this Agreement, without regard to any conflict of laws provisions.
If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief with respect to intellectual property rights), and the parties have not been successful in resolving the dispute through direct negotiation, then (i) the dispute shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be the District of Columbia, USA, and (iv) the parties shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator(s) shall each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof. The arbitrator(s) may upon request exclude from in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator(s) shall issue a reasoned award. The cost of the arbitration shall be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party shall be entitled to receive from the other party its reasonable attorneys' fees and costs. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration.
Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Subscription Services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Subscription Services or of all of the Services. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with the Services. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by CQ Press or act as estoppel against later enforcement. Subject to the terms of the section captioned ORDER OF PRECEDENCE, this Agreement constitutes the entire agreement between you and CQ Press with respect to the specific subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and CQ Press relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with CQ Press pursuant to a registration to access certain features of the Site. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of CQ Press. You may not assert any claim or cause of action arising out of or relating to your use of the Services more than one year after the date such claim or cause of action arose. CQ Press shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of CQ Press. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Either party may terminate this Agreement for any reason at any time. You may do so by ceasing further access or use of the Site and Services. Sections 2-4 and 6-13 of this Agreement will survive any expiration, cancellation or termination of this Agreement.
Without limiting the foregoing, CQ Press's Services at the Site are not intended for use by or availability to children. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THESE TERMS.