Special Terms

CONTENT USER AGREEMENT

This Content User Agreement ("Agreement") is between You and Loyola Press, located at 3441 N. Ashland Ave., Chicago, IL 60657 and is subject to the [Loyola Press Terms of Service] ("Loyola Press ToS"). The Digital Material is considered "Content" as described in the Loyola Press ToS and this Agreement contains additional terms which apply to the use of the Digital Material. Your use of the Digital Material or other digital content or services related thereto (hereinafter referred to as "Content") is subject to this Agreement and the Loyola Press ToS (which together refer to as the "Terms").

Your use of the Content requires that You agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use and/or access the Content.

1. Rights and Restrictions

License to Use Content. Following payment of the applicable fees for the Content, You will have the limited, non-exclusive, non-transferrable, revocable right to access and use the Content for Your reference, educational and informational purposes only, subject to the following:

• CONTENT IS NON-RETURNABLE AND NON-REFUNDABLE.
• You may print classroom copies of the Content for teaching purposes only.
• You shall not modify, alter, revise or otherwise change any Content.
• You shall not create derivative works from the Content.
• You shall not display (in part or in whole) the Content as part of any public performance or display even if no fee is charged.
• You shall not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Content or any portion thereof, including but not limited to any metadata associated with the Content.
• You shall not bypass, modify, tamper, defeat, decompile, reverse engineer, disassemble or circumvent any of the security components, special rules or other applications that protect this Content.
• You agree to be fully responsible for all access and use of the Content by your enrolled students, and will not authorize any other party to access or use the Content in any way. You agree to notify your students of their obligations to use the Content only in the manner authorized by this Agreement and to implement appropriate rules and regulations to ensure your enrolled students’ compliance with these requirements.
• You will remain entirely responsible for compliance with all laws, regulations and procedures pertaining to the provision of the Content to your enrolled students, including but not limited to those concerning privacy of minors’ personally identifiable information
• The sale of any Content to You does not provide any promotional use rights in any Content.

All rights, title and interest in the Content not expressly granted to you in the Terms are reserved by Loyola Press.

Violation of License Terms. If You violate any of the terms and conditions of the Terms, Your rights under this license and Your access to the Content may be terminated.

2. Ownership of Content

Intellectual Property. All intellectual property rights, including without limitation, all trade secrets, copyrights, trademarks, know-how and patent rights in the Content remain the sole and exclusive property of Loyola Press and/or its content providers. No title or license right is granted to You except as expressly set forth in this Agreement. Loyola Press has the sole and exclusive right to file any state or federal applications for protection of any or all of the intellectual property associated with the Content.

Proprietary Notices. You may not remove any watermarks, trademarks, copyright notices, labels or other legal or proprietary notices included in any Content, and You may not attempt to modify any Content obtained through Loyola Press, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Content.

3. Applicable Laws

To the extent that You choose to use and/or access the Content, You do so at Your own risk and are responsible for compliance with any and all applicable laws, including but not limited to the applicable local laws. Loyola Press reserves the right to change, suspend, remove or disable access to the Content at any time without notice. In no event will Loyola Press be liable for the removal of or disabling of access to any such Content.

4. Disclaimer of Warranties

WE PROVIDE THE CONTENT AND RELATED SERVICES “AS IS,” AND NEITHER LOYOLA PRESS NOR OUR EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT FOR THE CONTENT. WE EXPRESSLY DISCLAIM ANY SUCH WARRANTIES.

5. Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR RECEIPT OF THE CONTENT, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

You agree to indemnify, defend and hold harmless Loyola Press, its officers, directors, parents, subsidiaries, agents, licensors, suppliers and any third party information providers of the Content from and against any and all cause(s) of action, claims, losses, expenses, damages, costs, including reasonable attorneys’ fees arising out of Your use of the Content.

7. Governing Law and General Provisions

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The applicable state and federal courts in the Northern District of Illinois shall be the exclusive jurisdiction for all disputes relating to this Agreement. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement along with the Loyola ToS are the entire Agreements between the parties relating to the subject matter herein. Loyola Press may revise this Agreement at any time without notice by updating this posting.