Terms & Conditions
We have two User Agreements. Our Terms and Conditions of Use apply to users of our Web site who do not subscribe to our online research service. Our Subscriber Agreements apply to those users who do subscribe to our online research service. We have two Subscriber Agreements - one for subscribers residing in the United States (including territories of the United States), and one for subscribers residing in all other countries. The Subscriber Agreement applicable to you depends on where you reside.
TERMS AND CONDITIONS OF USE
NOTICE TO USER: The following specifies the terms and conditions on which The Digital Stacks offers you access to our Web site. You agree to these terms and conditions by using this site. Please read these terms carefully before using this site.
The The Digital Stacks Web site is provided by AP Consultants. You (also referred to as "User") may contact us through our Contact Us Web page.
Acceptance of Terms and Conditions Through Use
By using this site, you signify your agreement to all of the terms, conditions, and notices contained or referenced herein ("Terms and Conditions"). The Digital Stacks reserves the right to update or revise the Terms and Conditions at any time, provided, however, that the Arbitration and Dispute Resolution can not be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Privacy
Please review our Privacy Policy which applies to your use of this site and is part of these Terms and Conditions.
Permitted Use
You may use the The Digital Stacks Web site for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.
Restrictions on Use
You agree to use this site for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.
You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right - the burden of determining that any material is not protected by copyright rests with you.
You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without The Digital Stacks's prior written consent. Further, you agree not to use this site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our Web site. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on The Digital Stacks in an automated fashion. You agree not to save the content available on The Digital Stacks on your hard drive or other storage device for viewing offline. You understand that such actions may subject you to serious civil and criminal legal penalties and that The Digital Stacks may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors, and its other licensors.
For persons living outside the United States, notwithstanding the foregoing, if the laws of your jurisdiction clearly and specifically give you the right to decompile code, contents or materials to obtain information necessary to render such information interoperable with other software, you may be able to do so provided, however, that you must first request such information from The Digital Stacks (see our Contact Us Web page) and The Digital Stacks may, in its sole discretion, provide such information to you or impose reasonable restrictions, including a reasonable fee, on such use of this site, to ensure that The Digital Stacks and its licensors' proprietary rights in the service are protected.
Plagiarism and Commercial Use Prohibited
You agree not to misuse our Web site to plagiarize or represent the work of others as your own. You may not make any commercial use of this Web site, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others.
Trademarks, Copyrights and Other Intellectual Property Rights
You acknowledge and agree that all content and services available on this site are property of the Digital Stacks and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally.
Third Party Content and Links to Third Party Sites
The Digital Stacks is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, The Digital Stacks has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of The Digital Stacks. The Digital Stacks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our Web site.
Third party sites linked to or from our Web site are not controlled by us. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.
Monitoring
The Digital Stacks has no obligation to monitor content posted by users of the site, but reserves the right to monitor your behavior so as to determine your compliance with the Terms and Conditions. In addition, we may monitor user behavior to satisfy any law, regulation, or authorized government request. We also automatically record other information that identifies your computer to this Site and tracks your behavior on the Site. For example, we may record how many times you visit this Site and your navigation within the Site. We do not collect Personally Identifiable Information in this manner; however, if you provide us with Personally Identifiable Information, we may associate that information with the information that is collected automatically.
The Digital Stacks reserves the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this site. Without limiting the foregoing, The Digital Stacks shall also have the right to remove any material that we determine is in violation of the provisions hereof or otherwise objectionable. We reserve the right to modify, suspend or discontinue the DS Service (or any part thereof) or any Digital Content, Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER The Digital Stacks, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SITE.
THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL The Digital Stacks, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL The Digital Stacks's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT The Digital Stacks IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Arbitration and Dispute Resolution
BY USING THIS SITE, YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN Perryville, Maryland, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CAN NOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.
Indemnification
You agree to defend, indemnify and hold harmless The Digital Stacks, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of this site.
Miscellaneous
You agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute or claim of any sort that might arise between you and The Digital Stacks or its affiliates. You further agree that any controversy or claim that may arise between us shall be resolved in Perryville, Maryland.
YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.
If any terms of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.
No waiver by The Digital Stacks of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.
The section headings used herein are for convenience only and shall not be given any legal import.
SUBSCRIBER AGREEMENT
For Subscribers Residing in the United States
(including territories of the United States)
NOTICE TO SUBSCRIBER: The following specifies the terms and conditions on which The Digital Stacks offers you access to our service. Please read the terms of this Agreement carefully before using the service.
Welcome to the The Digital Stacks Service!
The Digital Stacks research Web site, content, bulletin boards, and other online and computer services (collectively, the "service") are provided by The Digital Stacks. You (also referred to as "user") may contact us through our Contact Us Web page.
The Digital Stacks provides its service, as it may exist from time to time, to users who register. We reserve the right to discontinue the service, or any portion of the service, at any time.
The Digital Stacks reserves the right to update or revise this Agreement at any time, provided, however, that the Arbitration and Dispute Resolution can not be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Please check this Agreement periodically for changes. Your continued use of the service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Subscription Billing, Termination, and Cancellation
Subscriptions You Purchase: You agree to pay all fees in effect when incurred, plus applicable taxes or other charges. Fees and charges are non-refundable.
Our policy is to bill you for your subscription in advance at the time of purchase. Monthly, quarterly and annual subscriptions automatically renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.
If you wish to cancel your subscription, please contact Customer Support. Cancellation of subscriptions will take effect at the end of the current billing period and will not result in a refund.
Subscriptions Purchased for You by Others: You will not be billed by us. If you wish to cancel your subscription, please contact Customer Support. Cancellation will not result in a refund.
Terms Applicable to all Subscriptions: The Digital Stacks reserves the right to terminate this Agreement without notice if you violate its terms or conditions, if a charge to your credit card or other payment method is declined, or if your subscription expires. On termination or cancellation of your subscription, any files you have stored in your The Digital Stacks account may be removed at The Digital Stacks's discretion.
Privacy
Please review our Privacy Policy which applies to your use of the service and is part of this Agreement.
Maintaining Your Account Information
You agree to use your Edit Account page to review and update the information you submitted during registration if it changes. Specifically, you agree to review and update your: email address; name; address; city; state; zip code; country; phone number(s); and payment information (e.g., credit card number and expiration date).
Permitted Use
You may use the The Digital Stacks research service for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.
Restrictions on Use
Your access to this service is controlled by your username and password. You agree not to share your password with anyone else. If you know, or suspect, someone else has gained knowledge of your password, you must go to your My Account page to reset it.
You agree to use this service for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.
You agree not to upload, post or otherwise make available on this service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right -- the burden of determining that any material is not protected by copyright rests with you.
You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without The Digital Stacks's prior written consent. Further, you agree not to use this service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our service. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on The Digital Stacks in an automated fashion. You agree not to save the content available on The Digital Stacks on your hard drive or other storage device for viewing offline. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that The Digital Stacks may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.
Plagiarism and Commercial Use Prohibited
You agree not to misuse our research service to plagiarize or represent the work of others as your own. You may not make any commercial use of this service, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others.
Trademarks, Copyrights, and Other Intellectual Property Rights
You acknowledge and agree that all content and services available on this service are property of The Digital Stacks and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of The Digital Stacks or the proprietary right owner.
Copyright Infringement Claims
The Digital Stacks respects the intellectual property rights of all individuals, businesses, and organizations. Before we make any content available to our users, we investigate the legal status of that material and obtain what our investigations indicate are the necessary copyrights. If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, please follow our Copyright Notice and Complaint Procedure.
Third Party Content and Links to Third Party Sites
The Digital Stacks is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, The Digital Stacks has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of The Digital Stacks. The Digital Stacks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our service.
Third party sites linked to or from our service are not controlled by us. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.
Monitoring
The Digital Stacks has no obligation to monitor content posted by users of the services, but reserves the right to monitor your behavior so as to determine your compliance with the terms of this Agreement and those of our other policies (e.g., our Privacy Policy). In addition, we may monitor user behavior to satisfy any law, regulation, or authorized government request.
The Digital Stacks reserves the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this service. Without limiting the foregoing, The Digital Stacks shall also have the right to remove any material that we determine is in violation of the provisions hereof or otherwise objectionable.
Quality and Accuracy of Digitized Titles
We are committed to ensuring that electronic versions of titles in our service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the service. (See paragraph 13. Disclaimer of Warranties and Limitation of Liability below.)
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER The Digital Stacks, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL The Digital Stacks, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL The Digital Stacks'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT The Digital Stacks IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Arbitration and Dispute Resolution
THE PARTIES MUTUALLY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN Perryville, Maryland, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CAN NOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.
Indemnification
You agree to defend, indemnify and hold harmless The Digital Stacks, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.
Notices by Email
You agree that we may send you administrative and renewal notices and otherwise communicate with you about this Agreement by email. You agree to update your Account Information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.
Access Outside the United States
The Digital Stacks does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.
Miscellaneous
You agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and The Digital Stacks or its affiliates. You further agree that any controversy or claim that may arise between us shall be resolved in Perryville, Maryland.
YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.
If any term of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.
No waiver by The Digital Stacks of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.
The section headings used herein are for convenience only and shall not be given any legal import.
SUBSCRIBER AGREEMENT
For Subscribers Residing in Countries
Other than the United States and its Territories
NOTICE TO SUBSCRIBER: The following specifies the terms and conditions on which The Digital Stacks offers you access to our service. Please read the terms of this Agreement carefully before using the service.
Welcome to the The Digital Stacks Service!
The The Digital Stacks research Web site, content, bulletin boards, and other online and computer services (collectively, the "service") are provided by The Digital Stacks. You (also referred to as "user") may contact us through our Contact Us Web page.
The Digital Stacks provides its service, as it may exist from time to time, to users who register. We reserve the right to discontinue the service, or any portion of the service, at any time.
The Digital Stacks reserves the right to update or revise this Agreement at any time, provided, however, that Paragraph 14. Arbitration and Dispute Resolution can not be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Please check this Agreement periodically for changes. Your continued use of the service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Subscription Billing, Termination, and Cancellation
Subscriptions You Purchase: You agree to pay all fees in effect when incurred, plus applicable taxes or other charges. Fees and charges are non-refundable.
Our policy is to bill you for your subscription in advance at the time of purchase. Monthly, quarterly and annual subscriptions automatically renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.
If you wish to cancel your subscription, please contact Customer Support. Cancellation of subscriptions will take effect at the end of the current billing period and will not result in a refund.
Subscriptions Purchased for You by Others and Free Trial Subscriptions: You will not be billed by us. If you wish to cancel your subscription, please contact Customer Support. Cancellation will not result in a refund.
Terms Applicable to all Subscriptions: The Digital Stacks reserves the right to terminate this Agreement without notice if you violate its terms or conditions, if a charge to your credit card or other payment method is declined, or if your subscription expires.
On termination or cancellation of your subscription, any files you have stored in your The Digital Stacks account may be removed at The Digital Stacks's discretion.
Privacy
Please review our Privacy Policy which applies to your use of the service and is part of this Agreement.
Maintaining Your Account Information
You agree to use your My Account page to review and update the information you submitted during registration if it changes. Specifically, you agree to review and update your: email address; name; address; city; state/province; postal code; country; phone number(s); and payment information (e.g., credit card number and expiration date).
Permitted Use
You may use the The Digital Stacks research service for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.
Restrictions on Use
Your access to this service is controlled by your username and password. You agree not to share your password with anyone else. If you know, or suspect, someone else has gained knowledge of your password, you must go to your Account Information page to reset it.
You agree to use this service for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.
You agree not to upload, post or otherwise make available on this service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right -- the burden of determining that any material is not protected by copyright rests with you.
You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without The Digital Stacks's prior written consent. Further, you agree not to use this service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our service. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on The Digital Stacks in an automated fashion. You agree not to save the content available on The Digital Stacks on your hard drive or other storage device for viewing offline. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that The Digital Stacks may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.
For persons residing outside the United States, notwithstanding the foregoing, if the laws of your jurisdiction clearly and specifically give you the right to decompile code, contents or materials to obtain information necessary to render such information interoperable with other software, you may be able to do so provided, however, that you must first request such information from The Digital Stacks (see Contact Us) and The Digital Stacks may, in its sole discretion, provide such information to you or impose reasonable restrictions, including a reasonable fee, on such use of this service, to ensure that The Digital Stacks and its licensors' proprietary rights in the service are protected.
Plagiarism and Commercial Use Prohibited
You agree not to misuse our research service to plagiarize or represent the work of others as your own. You may not make any commercial use of this service, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others.
Trademarks, Copyrights, and Other Intellectual Property Rights
You acknowledge and agree that all content and services available on this service are property of The Digital Stacks and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of The Digital Stacks or the proprietary right owner.
Copyright Notice and Complaint Procedure
The Digital Stacks respects the intellectual property rights of all individuals, businesses, and organizations. Before we make any content available to our users, we investigate the legal status of that material and obtain what our investigations indicate are the necessary copyrights. If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, please follow our Copyright Notice and Complaint Procedure.
Third Party Content and Links to Third Party Sites
The Digital Stacks is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, The Digital Stacks has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of The Digital Stacks. The Digital Stacks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our service.
Third party sites linked to or from our service are not controlled by us. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.
Monitoring
The Digital Stacks has no obligation to monitor content posted by users of the services, but reserves the right to monitor your behavior so as to determine your compliance with the terms of this Agreement and those of our other policies (e.g., our Privacy Policy). In addition, we may monitor user behavior to satisfy any law, regulation, or authorized government request.
The Digital Stacks reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this service. Without limiting the foregoing, The Digital Stacks shall also have the right to remove any material that we determine is in violation of the provisions hereof or otherwise objectionable.
Quality and Accuracy of Digitized Titles
We are committed to ensuring that electronic versions of titles in our service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the service. (See paragraph 13. Disclaimer of Warranties and Limitation of Liability below.)
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER The Digital Stacks, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL The Digital Stacks, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL The Digital Stacks'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT The Digital Stacks IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Arbitration and Dispute Resolution
THE PARTIES MUTUALLY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN Perryville, Maryland, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ANY SUCH ARBITRATION SHALL BE CONDUCTED IN A MANNER DESIGNED TO PROVIDE YOU FAIR AND TIMELY REDRESS WITHOUT UNDUE COST OR BURDEN. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CAN NOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.
Indemnification
You agree to defend, indemnify and hold harmless The Digital Stacks, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.
Notices by Email
You agree that we may send you administrative and renewal notices and otherwise communicate with you about this Agreement by email. You agree to update your Account Information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.
Access Outside the United States
The Digital Stacks does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.
Miscellaneous
You agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and The Digital Stacks or its affiliates.
YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.
If any term of this Agreement is deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.
No waiver by The Digital Stacks of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.
The section headings used herein are for convenience only and shall not be given any legal import.
Last revised: Aug 30 2005
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