Pubget.com Terms and Conditions

EffectiveNov 30, 2012

Welcome to Pubget.com. If you use this web site, you accept these terms and conditions of use. Please read them carefully.

  1. ACCEPTANCE OF TERMS; LICENSE FROM PUBGET

    These Terms of Use, together with any specific terms and conditions that may be posted or presented to you in connection with particular Materials or services (“Additional Terms”), form a legally binding agreement between you and Pubget Corporation, on behalf of itself and its affiliates (“Pubget”) in relation to your use of the Web Site, the Materials and the applicable Pubget services, and it is important that you read them carefully. By using this Web Site or the applicable Materials or services, or by clicking through any Additional Terms where that option is made available to you, you agree to these Terms of Use and the Additional Terms. Without limiting the foregoing, if you order documents through the Pubget PaperStore by selecting “Buy PDF” you agree to the PaperStore Terms of Use. In the event of any conflict between these Terms of Use and any such Additional Terms, the latter shall govern. Pubget is pleased to grant you, as a user of this Web Site, a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and the Materials and associated services in accordance with these Terms of Use and any Additional Terms. Pubget may terminate this license at any time for any reason and, in any such case, any data or information that you have provided may be deleted without notice to you.

  2. LIMITATIONS ON USE

    The Materials on this Web Site are only for your personal use or, as applicable, for the internal use of your organization or institution, and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. Except as permitted by our applicable robots.txt file, you may not use any robot, spider, other automatic software or device, or manual process to monitor our Web Site or the Materials without Pubget's prior written permission. You may not use the Materials in any way that harms Pubget or our affiliates, or our or their respective employees, directors or other representatives, participating rightsholders, content providers, or users, or any other third party. You may not use the Web Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Materials in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or the Materials is prohibited.

  3. NOT LEGAL ADVICE

    Pubget is neither a lawyer nor a law firm. The Materials provided on this Web Site are not intended to and do not constitute legal advice; and no attorney-client relationship is formed between you and Pubget or any Pubget employee or representative. Nothing submitted to this Web Site is treated as confidential except as expressly provided in the terms and conditions of applicable services or in Pubget's Privacy Policy. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Materials. Your use of the Materials on this Web Site or of any materials linked to from, or otherwise made available through, this Web Site (including without limitation any content or other materials accessed through a publisher Web site, “open access” Web site, or other third party source) is at your own risk, and no license or right is granted hereunder with respect to any such materials.

  4. INTELLECTUAL PROPERTY RIGHTS

    Nothing in these Terms of Use or the Additional Terms should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Web Site are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to Pubget, its licensors or the applicable rightsholders of the particular materials. Without limiting the foregoing, you acknowledge and agree that nothing in these Terms of Use confers upon you any right or license to access, copy, distribute or otherwise use any content or materials accessed by you through the Web Site, and you (and your employer or affiliated institution, as applicable) are solely responsible (and Pubget therefore has no responsibility) to obtain any permission that may be required for any use made by you (or by your employer or affiliated institution) of such content. Any features of the site which enable downloading, saving, bookmarking, emailing or other manipulation of any content or materials are provided solely for your convenience and shall only be used in accordance with these Terms of Use, any terms of use applicable to the relevant content or materials, and all applicable laws; Pubget disclaims any warranties regarding your use of such features.

  5. LINKING TO THIS WEB SITE

    You are welcome to provide links to the pages of this Web Site provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Web Site, and (b) you discontinue providing links to this Web Site if requested by Pubget.

  6. LICENSE OF YOUR OWN MATERIALS FOR USE ON THIS WEB SITE AND THIRD PARTY SITES

    By uploading content to or submitting any materials for use on this Web Site (other than for licensing through an applicable licensing service made available by Pubget or its affiliates, which arrangement must be made by separate agreement), you do not convey any ownership in those materials to Pubget but you grant (and warrant that you are entitled to grant) to Pubget and its affiliates a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed, provided that Pubget, its affiliates and their respective sublicensees use such materials in a manner consistent with Pubget's or the relevant affiliate’s general business and the Pubget Privacy Policy. In addition to the foregoing, you acknowledge that the terms of any third party Web site accessible through this Web Site may require you to grant similar licenses to the owner of such site or to other third parties as a condition of using such third party site, and you acknowledge that Pubget and its affiliates have no responsibility for and assume no liability whatsoever in connection with your use of any such site or the use of your materials by any such third party. You agree that you shall have no recourse against Pubget or its affiliates for any alleged or actual infringement, misappropriation or other violation of any proprietary right in your communications to us or any other materials or content you upload or submit to this Web Site or to any third party Web site.

  7. NO SOLICITATION

    You agree that you will not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Pubget. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate (a) you may list your name, address and email address, and your own Web site's URL, and (b) you may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site without the express written permission of Pubget.

  8. REGISTRATION

    Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Pubget with accurate and complete registration information. It is your responsibility to inform Pubget of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular Pubget service expressly authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential) and will be solely responsible for any activities that occur under your account. If you believe there has been unauthorized use, please notify Pubget immediately at info@pubget.com.

  9. POSTINGS IN INTERACTIVE AREAS OF THE WEB SITE

    1. Postings to be Lawful. If you participate in interactive areas on this Web Site, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other materials ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Pubget may delete your Posting at any time for any reason without permission from you.

    2. Postings to be in Your Name. You must sign your Postings with your real name; Pubget reserves the right to delete any anonymous Postings in its discretion. Such Postings will not be edited or modified. In your Postings, you agree not to misrepresent your identity or your affiliation with any person or entity.

    3. No Monitoring of Postings. Pubget has no obligation to, nor does it intend to, edit, monitor or screen Postings, and Pubget is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, Pubget reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use.

    4. Non-Commercial Use Only of Interactive Areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of Pubget. Any unauthorized use of any interactive area of this Web Site, the Materials or any Postings is expressly prohibited.

  10. ERRORS AND CORRECTIONS

    Pubget does not promise that this Web Site or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected or that the Web Site or Materials will always be accessible. Pubget does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. Pubget may make improvements and/or changes to the Web Site features, functionality or Materials at any time.

  11. THIRD PARTY CONTENT

    Third party content and materials may appear on this Web Site or may be accessible by way of links from this Web Site and access to such materials is provided solely as a convenience to you. Such content and materials may be protected by U.S. and foreign copyright laws, and you agree to adhere to the terms and conditions asserted by the copyright holder(s) of any such content and to all applicable laws with respect to the use of such content. Pubget is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content or materials appearing on this Web Site or accessible through it. You understand that the information and opinions in the third party content and materials are not endorsed by, and do not necessarily reflect the opinions or beliefs of, Pubget, its affiliates, or any of their respective employees, directors or other representatives. No license or right is granted to you hereunder with respect to any such third party content or materials. Pubget and its affiliates do not endorse, warrant, guarantee or assume any liability with respect to, and have no responsibility and assume no liability for any use made by you of, any such third party content or materials.

  12. ADVERTISEMENTS

    Some of the services made available through the Web Site are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information made available through the Web Site, queries made using the Web Site, or other information. The manner, mode and extent of advertising on the Web Site are subject to change without specific notice to you. In consideration for Pubget granting you the license set forth in paragraph 1 of these Terms of Use, you agree that Pubget may place such advertising on the Web Site and related Materials and services. Pubget does not endorse or recommend any products, processes or services described in or linked to from any advertisements made available on the Web Site.

  13. ATTORNEY ETHICS NOTICE

    If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed ("Rules") apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. Pubget disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any chat area on this Web Site, including but not limited to the message boards, you will not offer legal advice, but will only provide general information.

  14. DISCLAIMERS

    1. THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS. PUBGET EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMAN-LIKE EFFORT AND NON-INFRINGEMENT. PUBGET DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (i) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (ii) ANY THIRD PARTY WEB SITES, OR ANY THIRD PARTY CONTENT, THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (iii) THE UNAVAILABILITY OF THIS WEB SITE, THE MATERIALS, OR ANY PORTION THEREOF, (iv) YOUR USE OF THIS WEB SITE OR THE MATERIALS (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY THIRD PARTY CONTENT ACCESSED ON OR THROUGH THIS WEB SITE), OR (v) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE MATERIALS. You may have additional consumer rights under your local laws which these Terms of Use do not change.

    2. CERTAIN DATA MADE ACCESSIBLE ON OR THROUGH THIS WEB SITE AND RELATED PUBGET SERVICES ARE PROVIDED UNDER LEASE FROM MEDLINE®/PUBMED®, A DATABASE OF THE U.S. NATIONAL LIBRARY OF MEDICINE (“NLM”). NLM REPRESENTS THAT ITS DATA WERE FORMULATED WITH A REASONABLE STANDARD OF CARE. EXCEPT FOR THIS REPRESENTATION, NLM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NLM DATA, AND NLM SPECIFICALLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES. NLM DATA ARE PRODUCED BY A U.S. GOVERNMENT AGENCY AND INCLUDE WORKS OF THE UNITED STATES GOVERNMENT THAT ARE NOT PROTECTED BY U.S. COPYRIGHT LAW BUT MAY BE PROTECTED BY NON-US COPYRIGHT LAW, AS WELL AS ABSTRACTS ORIGINATING FROM PUBLICATIONS THAT MAY BE PROTECTED BY U.S. COPYRIGHT LAW. NLM ASSUMES NO RESPONSIBILITY OR LIABILITY ASSOCIATED WITH USE OF COPYRIGHTED MATERIAL, INCLUDING TRANSMITTING, REPRODUCING, REDISTRIBUTING OR MAKING COMMERCIAL USE OF THE DATA. NLM DOES NOT PROVIDE LEGAL ADVICE REGARDING COPYRIGHT, FAIR USE, OR OTHER ASPECTS OF INTELLECTUAL PROPERTY RIGHTS. PERSONS CONTEMPLATING ANY TYPE OF TRANSMISSION OR REPRODUCTION OF COPYRIGHTED MATERIAL SUCH AS ABSTRACTS ARE ADVISED TO CONSULT LEGAL COUNSEL.

  15. LIMITATION OF LIABILITY

    PUBGET IS NOT LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE MATERIALS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT), THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PUBGET IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH (a) THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (b) ANY THIRD PARTY WEB SITES, (c) ANY THIRD PARTY CONTENT OR OTHER MATERIALS THAT ARE ACCESSED DIRECTLY OR INDIRECTLY THROUGH THIS WEB SITE, (d) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (e) ANY INCOMPATIBILITY BETWEEN THIS WEB SITE AND THE MATERIALS ON THE ONE HAND AND ANY OTHER SERVICE, SOFTWARE OR HARDWARE ON THE OTHER HAND, (f) ANY DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS WITH PUBGET OR ANY OTHER PERSON IN AN ACCURATE OR TIMELY MANNER, OR (g) ANY CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT, ALL REGARDLESS OF WHETHER THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES OR WHETHER PUBGET KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PUBGET'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1,000.00. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these Terms of Use may not be brought more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.

  16. INDEMNIFICATION

    You hereby indemnify and agree to defend and hold harmless Pubget, its affiliates and their respective officers, directors, employees, agents, licensors and suppliers, their participating copyright rightsholders and users, and any third party information or content providers to this Web Site, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, the Additional Terms or any other applicable Pubget terms and conditions, or from any use of content or other materials made available or accessible through this Web Site, by you (or, where applicable, by your organization).

  17. THIRD PARTY RIGHTS

    The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Pubget and of each of the other persons listed in paragraph 16. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

  18. INTELLECTUAL PRIVACY POLICY

    It is Pubget’s policy to respond to clear notices of alleged infringement that take place on the Web Site. This policy describes the information that such notices should contain and outlines our notice response and takedown procedures. Please note that Pubget may include links to third party websites, and we have no responsibility for content on such sites. The terms of use of those websites govern your use of any material accessed on or through such sites.

    Format of Notice

    If you believe that your work has been infringed or that your intellectual property rights have been otherwise violated, you should provide Pubget’s Agent for Notice with a notice that contains the following information:

    1. identification and a description of the material that you believe has been infringed;

    2. identification and a description of the material that you claim is infringing the material identified under item 1 above (including, without limitation, the URL of the Pubget web page(s) that contain the allegedly infringing material);

    3. your address, telephone number, and email address;

    4. the statement: “I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law”;

    5. the statement: “I swear, under penalty of perjury, that the above information in this notice is accurate and that I am the owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”; and

    6. your physical or electronic signature.

    The form of notice described above is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”), but this form should also be used for notices from outside the U.S. Please note that under U.S. copyright law, you may be subject to liability if you materially misrepresent that a posting, product or activity infringes your copyright.

    Agent for Notice

    Pubget’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    • By email

      dmca_agent@pubget.com
      Please note that attachments cannot be accepted due to security concerns. Accordingly, any notice submitted electronically with an attachment will not be received or processed. Your notice may, however, include a link to the location of the allegedly infringing material on our website.

    • By mail

      Pubget Corporation
      300 Summer St.
      Boston, MA 02210
      ATTN: DMCA Agent for Notice, Office of General Counsel

    • By telephone

      1-800-910-7360

    • By fax

      1-978-646-8600

    Response Procedure

    Regardless of whether Pubget may have any liability for infringement that is alleged in a notice as described above, our response to notices of infringement may include deleting or disabling access to the allegedly infringing material and/or suspending or terminating the accounts of infringing users. We may also document notices of alleged infringement on which we act.

    Counter Notification

    The provider of any material that is removed following a notice of alleged infringement may make a counter notification pursuant to the DMCA. When we receive a DMCA-compliant counter notification, we may reinstate the material in question.

  19. UNLAWFUL ACTIVITY

    Pubget reserves the right to investigate complaints or reported violations of our Terms of Use, the Additional Terms or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

  20. REMEDIES FOR VIOLATIONS

    Pubget reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, the Additional Terms or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Pubget Web sites and their features, or to otherwise deny your access to the services made available through such Web sites.

  21. GOVERNING LAW AND JURISDICTION

    By visiting pubget.com, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and Pubget. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in New York County, New York, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

  22. ADDITIONAL TERMS

    1. Privacy Policy. Your use of this Web Site is subject to Pubget's Privacy Policy.

    2. Terms of Pubget's PaperStore and Other Services. Your use of the Pubget PaperStore service or any other service offered by Pubget or its affiliates is also governed by the Additional Terms and any other terms and conditions that apply to that service (including any applicable rightsholder terms and conditions, the prices for content purchases or intellectual property licenses obtained by you, and any applicable billing and payment terms). Each set of terms and conditions is available to you in the course of conducting any transactions under that licensing service (and afterwards as part of the record of those transactions), and all of those terms and conditions are incorporated into these Terms of Use by this reference.

  23. SEVERABILITY OF PROVISIONS

    These Terms of Use incorporate by reference any notices contained on this Web Site, Pubget's Privacy Policy and the Additional Terms applicable to each of Pubget's other services. Together they constitute the entire agreement between you and Pubget with respect to access to and use of this Web Site and the Materials. If any provision of these Terms of Use or of any Additional Terms is unlawful, void or unenforceable, or conflicts with specific Pubget licensing or other service terms and conditions that are applicable to the circumstances, then that provision shall be deemed severable from the remaining provisions and shall not affect the latter's validity or enforceability.

  24. MODIFICATIONS TO TERMS OF USE

    Pubget may make changes to these Terms of Use at any time. When we make any material change to these terms and conditions, we will inform you by posting a notice on the homepage of www.pubget.com for 30 days that the terms and conditions have been updated and by changing the "effective date" on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this Web Site and are effective immediately. Please review these Terms of Use regularly. Continued use of this Web Site after any such changes constitutes your consent to such changes.