This Terms of Service Agreement (this "Agreement") sets forth the terms and conditions upon which you and Jones eGlobal Library, Inc. ("eGlobal Library") agree to be bound and applies to services (collectively, the "Service") available within this eGlobal Library website (the "Website"). By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by these terms and conditions, you must not access the Website or use the Service.
If we change this Agreement, then we will notify you at least 10 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the Service before the change takes place. If you do not stop using the Service, then your continued use of the Service constitutes your acceptance of any modifications or amendments to this Agreement, and the terms and conditions applicable to your use of the Service will be those set forth under the Agreement, as modified.
You must be eighteen (18) or over to become an account holder. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
You agree that eGlobal Library, in its sole discretion and with or without notice, may terminate your use of the Website (or any part thereof) for any reason, including, without limitation, for lack of use or if eGlobal Library believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. eGlobal Library may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that eGlobal Library may immediately bar any further access to the Website. Further, you agree that eGlobal Library shall not be liable to you or any third-party for any termination of your access to the Website. You agree to provide true, accurate, current and complete information about yourself as prompted and you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if eGlobal Library has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eGlobal Library has the right to refuse any and all current or future use of the Website (or any portion thereof).
The Website is owned and operated by eGlobal Library and the content within the Website is protected by copyright, patents or other proprietary rights and laws. Some of the content found on the Website is owned by account holders, some of the content found on the Website is owned by other third party providers, and some of the content found on the Website is owned by eGlobal Library. In addition, the trademarks, logos, and service marks ("Trademarks") displayed on the Website are registered and common law Trademarks of eGlobal Library, its affiliates and various third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of eGlobal Library, or such other party that may own the Trademarks.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. eGlobal Library does not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the Website. We make no representations or warranties, express or implied, with respect to the information provided on the Website.
Although we hope that you will find the material on the Website useful, the material and links to third-party websites and resources that may be included on the Website are provided for informational purposes only. We make no representations or warranties, express or implied, with respect to the information provided on any third-party website which may be accessed by a link from this Website, including any representations or warranties as to accuracy or completeness. eGlobal Library has no control over third-party sites and resources and is not responsible for the information and content of such third-party sites nor does it endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. eGlobal Library shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource..
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
You agree to indemnify and hold eGlobal Library and its parents, subsidiaries, affiliates, agents and assigns, including each of their respective directors, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of this Agreement or your infringement of any intellectual property or other right of any other person or entity.
eGlobal Library does not assume responsibility to you or others for any failure by eGlobal Library to enforce the provisions contained in this Agreement.
You acknowledge that eGlobal Library may establish general practices and limits concerning your use of the Website. You agree that eGlobal Library has no responsibility or liability for the failure of the Website and the deletion of other content maintained or transmitted by the Website. eGlobal Library reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that eGlobal Library shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. You further acknowledge that eGlobal Library reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND INFORMATION AND MATERIAL ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE WEBSITE AND INFORMATION AND MATERIAL ON THE WEBSITE, eGlobal LIBRARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. eGlobal Library MAKES NO WARRANTY THAT (i) THE WEBSITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE WEBSITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE WEBSITE AND ITS CONTENT AND SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eGlobal Library OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
eGlobal Library shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Website or material and information on the Website, even if eGlobal Library has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
This Agreement and the relationship between you and eGlobal Library shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws principles.
eGlobal Library's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eGlobal Library in writing.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the intention as reflected in such provision, and, notwithstanding such finding, all other provisions of this Agreement shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
(Terms of Service last updated June 2012)