Elsevier Website Terms and Conditions
20160601_rev01 · COMPARED WITH 20160406_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE
Full text changes — 20160406_rev01 to 20160601_rev01
| 1 | These terms and conditions ("Terms and Conditions") apply to the use of the Elsevier corporate website located at [http://www.elsevier.com](http://www.elsevier.com/) and all other Elsevier websites that post a link to these Terms and Conditions (collectively, the "Site") by Elsevier group affiliates worldwide ("Elsevier," "we," "us" or "our"). | |
| 1 | These terms and conditions ("Terms and Conditions") apply to your use of all Elsevier websites, applications, services and products ("Services" or individually a "Service") that post a link to these Terms and Conditions and that are provided by any Elsevier group company worldwide ("Elsevier", "we", "us" or "our"). | |
| 2 | 2 | |
| 3 | By accessing or using the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Site. | |
| 3 | By accessing or using any of the Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Service's Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Services. | |
| 4 | 4 | |
| 5 | ### Changes | |
| 5 | ## Using our Services | |
| 6 | 6 | |
| 7 | Elsevier reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes. | |
| 7 | Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, "look and feel" and arrangement of such Content, is owned by Elsevier, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws. | |
| 8 | 8 | |
| 9 | ### Content and Limitations on Use | |
| 9 | RELX Group and the RE symbol are trademarks of RELX Intellectual Properties SA, used under license. | |
| 10 | 10 | |
| 11 | All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, "look and feel" and arrangement of such Content, is owned by Elsevier or its licensors and is protected by copyright, trade mark and other intellectual property and unfair competition laws. RELX Group and the RE symbol are trade marks of RELX Intellectual Properties SA, used under license. | |
| 11 | Except as otherwise provided in any additional terms for a Service, you may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices. | |
| 12 | 12 | |
| 13 | You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices. | |
| 13 | You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us. | |
| 14 | 14 | |
| 15 | You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us. | |
| 15 | You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission. | |
| 16 | 16 | |
| 17 | You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission. | |
| 17 | You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person's use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Elsevier server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services. | |
| 18 | 18 | |
| 19 | Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person's use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Elsevier server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site. | |
| 19 | You may not, without the approval of Elsevier, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware. | |
| 20 | 20 | |
| 21 | You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the Content of the Site. | |
| 21 | ## Content Provided to Us or Posted on or Through the Service | |
| 22 | 22 | |
| 23 | You may not, without the approval of Elsevier, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware. | |
| 23 | Some of our Services allow you to upload, submit, store, send or receive content. Except as otherwise provided in any additional terms for a Service, we do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Services, including our blog pages, message boards, comment or discussion features, chat rooms and forums, for review by the general public, registered users of the Services or by the members of any public or private community ("Submission"), and you retain ownership of any intellectual property rights that you hold in the Submission. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any Submission that contains content that is not owned by Elsevier. However, by posting, uploading, inputting, providing or submitting ("Posting") a Submission, you grant us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, index, archive, make available and link to such Submission in all forms and media (whether now known or later developed), in connection with the operation of our respective businesses (including, without limitation, the Services) and to permit others to do so. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original, and has been written by you. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above. | |
| 24 | 24 | |
| 25 | ### Rights and Permissions | |
| 25 | You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the Content of the Services. | |
| 26 | 26 | |
| 27 | Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Elsevier published works, images or other material should be directed to the [Elsevier Rights Department](http://www.elsevier.com/permissions). | |
| 27 | We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission. | |
| 28 | 28 | |
| 29 | ### Material Provided to Us or Posted On or Through the Site | |
| 29 | ## Notification of Infringement | |
| 30 | 30 | |
| 31 | We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community ("Submission") and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above. | |
| 31 | Notifications regarding any alleged intellectual property infringement should be directed to the Elsevier Legal Department by email addressed to [DMCA@elsevier.com](mailto:DMCA@elsevier.com). | |
| 32 | 32 | |
| 33 | We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission. | |
| 33 | ## Links | |
| 34 | 34 | |
| 35 | ### Notification of Infringement | |
| 35 | The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier. | |
| 36 | 36 | |
| 37 | Notifications regarding any alleged intellectual property infringement should be directed to the Elsevier Legal Department by email addressed to [DMCA@elsevier.com](mailto:DMCA@elsevier.com). | |
| 37 | Elsevier welcomes you to link to the Services. You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by Elsevier. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of Elsevier. | |
| 38 | 38 | |
| 39 | ### Other Terms and Conditions | |
| 39 | ## Disclaimer of Warranties and Liability | |
| 40 | 40 | |
| 41 | Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Site, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Site, for any service offered on or through the Site, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Site, the specific service or the subscribed or licensed product. | |
| 41 | We provide the Services using a commercially reasonable level of skill and care, but neither Elsevier nor its suppliers or licensors make any specific promises about the Services, including the Content or any Submission therein. For example, we don't make any commitment that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the server that makes them available, are free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content or Submission provided on, accessible from or distributed through the Services. | |
| 42 | 42 | |
| 43 | ### Links | |
| 43 | ELSEVIER AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SERVICES AND ALL CONTENT AND ANY SUBMISSION INCLUDED IN OR ACCESSIBLE FROM THE SERVICES "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER AND ITS SUPPLIERS AND LICENSORS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND ALL CONTENT AND SUBMISSIONS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES ARE AT YOUR SOLE RISK. | |
| 44 | 44 | |
| 45 | The Site may contain links to third-party sites or resources. Elsevier is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier. Because Elsevier is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours. | |
| 45 | To the extent permitted under applicable law, neither Elsevier nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission includedin or accessible from the Services. Practitioners and researchers must rely on their own experience, knowledge and judgment in evaluating or applying any information, which remains their professional responsibility. Because of rapid advances in the medical sciences and changes in government regulations and clearances, we recommend that independent verification of diagnoses, treatments, indications choice of drugs and drug dosages should be made. Discussions, views, and recommendations expressed may not be considered absolute and universal for every situation. Elsevier will not be liable for the failure by any user of the Services, Content or Submission to use due care in the use and validation of results made available through the Services or included in the Content or any Submission, nor will Elsevier be liable for any medical treatment provided by users to their patients, whether or not the Services, Content or Submission were used in connection with such treatment. | |
| 46 | 46 | |
| 47 | Elsevier welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Elsevier. You may not use on your site any trade marks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of Elsevier. | |
| 47 | TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ELSEVIER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF ELSEVIER OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
| 48 | 48 | |
| 49 | ### Systems Reliability | |
| 49 | Elsevier does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services. | |
| 50 | 50 | |
| 51 | Elsevier aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Elsevier shall not be liable for lost altered, or corrupted information or non-availability of the Site. | |
| 51 | ## Indemnification | |
| 52 | 52 | |
| 53 | ### Disclaimer of Warranties and Liability | |
| 53 | You hereby agree to indemnify and hold Elsevier, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the Services or the Content or Submissions. | |
| 54 | 54 | |
| 55 | Neither Elsevier nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site. | |
| 55 | ## Registered User Grant of License | |
| 56 | 56 | |
| 57 | THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. | |
| 57 | Some sites may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Elsevier of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Elsevier does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. As a registered user of a Service, Elsevier grants to you a non-transferable, non-exclusive and revocable license to use the Service according to these Terms and Conditions. Except as expressly granted herein or in any other agreement you have with Elsevier, you acquire no right, title or license in the Service or any Content or Submission accessed from or incorporated in the Service. | |
| 58 | 58 | |
| 59 | To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors. | |
| 59 | ## Password Use and Security | |
| 60 | 60 | |
| 61 | TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ELSEVIER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, PRODUCTS OR SERVCES, OR SHALL THE LIABILITY OF ELSEVIER OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
| 61 | If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Elsevier if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Elsevier is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. | |
| 62 | 62 | |
| 63 | Elsevier does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or services contained on, accessible from or distributed through the Site. | |
| 63 | ## About These Terms and Conditions | |
| 64 | 64 | |
| 65 | ### Indemnification | |
| 65 | _Term and Termination:_ Any license granted to you to use any Service is effective until it expires, until Elsevier terminates it, or until you provide notice to Elsevier of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. Elsevier reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service. | |
| 66 | 66 | |
| 67 | You hereby agree to indemnify and hold Elsevier, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services. | |
| 67 | _Export Controls:_ Where the Service, its Content or any Submission consist of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties. | |
| 68 | 68 | |
| 69 | ### Compliance | |
| 69 | _No Assignment:_ You may not assign your rights or obligations under these Terms and Conditions to anyone. | |
| 70 | 70 | |
| 71 | You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. | |
| 71 | _No Waiver:_ Neither failure nor delay on the part of Elsevier to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach. | |
| 72 | 72 | |
| 73 | ### Governing Law and Venue | |
| 73 | _Additional Terms:_ Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Service, the specific service or the subscribed or licensed product. | |
| 74 | 74 | |
| 75 | All matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles, except if you reside outside of the United States, then the laws of the country of the Elsevier regional office in the region where you reside. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the State of New York, USA, except if you reside outside of the United States, then the courts located in the country of the Elsevier regional office in the region where you reside. Any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event or such claim is barred. | |
| 75 | _Compliance with Laws:_ You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Services, Content or any Submission. | |
| 76 | 76 | |
| 77 | _Severability:_ If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. | |
| 78 | ||
| 79 | _Governing Laws and Venue_: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the Elsevier regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands, except if you reside outside of the European Union, then the courts located in the country of the Elsevier regional office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred. | |
| 80 | ||
| 81 | _Changes:_ Elsevier reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of any Service following the posting of any changes will mean that you have accepted and agreed to the changes. | |
| 82 | ||
| 77 | 83 | ### Elsevier Product Terms and Conditions: |
| 78 | 84 | |
| 79 | 85 | [Elsevier Embase Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-embase-terms-and-conditions) |
| 80 | 86 | [Elsevier e-Journal Subscriptions Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-e-journal-subscriptions-terms-and-conditions) |
| 81 | 87 | [Elsevier e-Book Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-e-book-terms-and-conditions) |
| 82 | 88 | [Elsevier e-Book Subscription Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-e-book-subscription-terms-and-conditions) |
| 83 | 89 | [Elsevier Chemical Resistance Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-chemical-resistance-terms-and-conditions) |
| 84 | 90 | [Elsevier ArticleChoice Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-articlechoice-terms-and-conditions) |
| 85 | 91 | [Elsevier Print Terms and Conditions](https://www.elsevier.com/legal/elsevier-website-terms-and-conditions/elsevier-print-terms-and-conditions) |
| 86 | 92 | |
| 87 | Last revised: 26 August 2010 | |
| 93 | Last revised: 25 May 2016 |