TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PUBGET INC. ("PUBGET") STATING THE TERMS THAT GOVERN YOUR USE OF THE PUBGET PAPERSTORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF PUBGET'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND PUBGET. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND PUBGET MAY REFUSE ACCESS TO THE PUBGET PAPERSTORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

REFUND POLICY

All Sales and rentals (as applicable) are final.

PAYMENT METHODS

The Pubget PaperStore accepts credit cards, payment through your PayPal account. If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If you continue to experience difficulty, contact customersupport@pubget.com.

SALES TAX

Pubget PaperStore transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the Pubget PaperStore.

PRICES

The Pubget PaperStore endeavors to offer you competitive prices on current selections. Pubget prices are wholly based upon the cost passed to Pubget from the publishers, plus a small service fee. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). Pubget reserves the right to change prices for Products offered at the Pubget PaperStore at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The Pubget PaperStore makes every effort to provide a broad content offering. For this reason, Pubget reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact Pubget PaperStore Customer Service for assistance in such cases at support@pubget.com

CONTENT USAGE RULES

Your use of any Products purchased or rented (as applicable) from the Pubget PaperStore is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications. Pubget is not responsible for typographic errors.

All transactions on the Pubget PaperStore are governed by Massachusetts law. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in Massachusetts upon electronic transmission to the recipient. No Pubget employee or agent has the authority to vary any of the Pubget PaperStore's policies or the terms and conditions governing any sale.

Pubget PaperStore

1. Definition of the Pubget PaperStore Service. Pubget is the provider of the Pubget PaperStore (the "Service") that permits you to purchase or rent (as applicable) digital content, such as full text research articles, under certain terms and conditions as set forth in this Agreement.

3. Content Quality. The Pubget PaperStore is limited to content of sufficient quality for inclusion in the NIH Medline database. Pubget shall have no liability to you for content that may be found to be offensive, indecent, objectionable or of low quality.

7. Privacy

a. Pubget's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Pubget's Terms and Conditions at http://pubget.com/help/terms which is expressly made a part of this Agreement. If you have not already read Pubget's Terms and Conditions, you should do so now.

10. Purchase of Content

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Pubget shall be without liability to you in the event of any loss, destruction, or damage.

b. Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You shall be authorized to use the Products only for personal, noncommercial use or as permitted by the publishers.

(vii) You shall be entitled to save, or print Products solely for personal, noncommercial use. Entitlement to make copies, forward, share, or use for promotional materials in any medium is not provided by Pubget or its licensors.

(ix) Any saving or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content.

(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

12. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that Pubget may charge your credit card or PayPal account for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PUBGET WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process.

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

13. Delivery of Products.

a. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Pubget.

b. Misdelivery of Content. In the event that the content you received is not the content you ordered, Pubget will make an attempt to provide the correct document

c. Order and Processing Number. In order to resolve Technical Problems or Misdelivery of Content, Pubget requires you to present either an Order Number or a Processing number with your customer service query. No replacements or refunds will be provided without one of these two numbers.

14. Intellectual Property.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Pubget PaperStore (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Pubget and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

15. Termination.

a. Termination by Pubget. If you fail, or Pubget suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Pubget with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Pubget, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. Pubget reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Pubget will not be liable to you or to any third party should it exercise such rights.

16. General Compliance with Laws. The Service is controlled and operated by Pubget from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

17. Enforcement of These Terms. Pubget reserves the right to takes steps Pubget believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pubget's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Pubget has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Pubget believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pubget's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

19. Disclaimer of Warranties; Liability Limitations.

a. PUBGET DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PUBGET MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PUBGET) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL PUBGET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PUBGET'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. PUBGET SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PUBGET HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD PUBGET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY PUBGET AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PUBGET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PUBGET'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

24. Miscellaneous. These Terms of Service constitute the entire agreement between you and Pubget and govern your use of the Service, superseding any prior agreements between you and Pubget. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Pubget's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Pubget will not be responsible for failures to fulfill any obligations due to causes beyond its control.