W.M. Hawley Library Online Terms of Use
Welcome to W. M. Hawley Online. W. M. Hawley Online supports freedom of speech, both on and off the
Internet. However, the goal of this web site is to provide access to the widest selection of books from our library to
the largest group of people possible. To insure a safe, nonoffensive environment for all of our users, we have
established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any
areas of W. M. Hawley Online, users ("Users") agree to be legally bound and to abide by the terms set forth
below. Any references herein to wmhawley.com shall be deemed to refer to W. M. Hawley Online and/or the
W. M. Hawley Library, as applicable under the circumstances.
I. TRADEMARKS
W. M. Hawley Onlinesm is a service mark of the W. M. Hawley Library. All rights reserved.
These and other W. M. Hawley Online graphics, logos and service marks and trademarks of W. M. Hawley
Library and its affiliates may not be used without prior written consent of the W. M. Hawley Library. All other
trademarks, product names, and company names and logos appearing on W. M. Hawley Online are the property of
their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of wmhawley.com is at User's sole risk. Neither wmhawley.com, nor its affiliates, nor any
of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors
(collectively, "Providers"), or the like, warrant that wmhawley.com will be uninterrupted or error-free; nor do they make
any warranty as to the results that may be obtained from the use of wmhawley.com, or as to the accuracy, reliability, or
currency of any information content, service, or merchandise provided through wmhawley.com.
THIS SITE IS PROVIDED BY WMHAWLEY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. WMHAWLEY.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WMHAWLEY.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WMHAWLEY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY WMHAWLEY.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE,
SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall wmhawley.com or any other party involved in creating, producing, or distributing
wmhawley.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use
of or inability to use wmhawley.com, including but not limited to reliance by a User on any information obtained from
wmhawley.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized access to wmhawley.com's records, programs, or services. User
hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through
wmhawley.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that wmhawley.com contains information, data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade
secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and
wmhawley.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not
modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed,
Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use
and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under
the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or
other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on wmhawley.com only Content that
is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in
which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned
by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a
civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or
from any other harm arising from such submission. Neither wmhawley.com, nor its affiliates, nor any of their officers,
directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the
Digital Millennium Copyright Act, Users and other persons can report an infringement corrections@wmhawley.com to
wmhawley.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or
participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly
granted wmhawley.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other
works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist
in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed on wmhawley.com retains any and all rights which may exist in such
Content.
c. THIRD-PARTY CONTENT
wmhawley.com is a distributor and not a publisher of Content supplied by third parties and Users. wmhawley.com has no
more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes part of Content expressed or made available by third parties,
including Providers or any other User of wmhawley.com, are those of the respective authors or distributors and not of
wmhawley.com or its affiliates or any of their officers, directors, employees, or agents. Neither wmhawley.com nor its
affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider,
or any other User of wmhawley.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the Content available through wmhawley.com
represents the opinions and judgments of the respective Provider, or User not under contract with wmhawley.com.
wmhawley.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement
made on wmhawley.com by anyone other than authorized wmhawley.com employees. Under no circumstances shall wmhawley.com,
or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm
caused by a User's reliance on information obtained through wmhawley.com. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content available through wmhawley.com.
d. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This
includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act
and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from
wmhawley.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use wmhawley.com only for lawful purposes. User is prohibited from posting on or transmitting through
wmhawley.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to
any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international law.
If wmhawley.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User
(e.g., through an author chat or online review), wmhawley.com may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such Content from wmhawley.com. wmhawley.com may disclose any
Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate wmhawley.com; or (iii) to protect the rights or property of
wmhawley.com, its Users or Providers.
wmhawley.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to
be harmful to individual Users, wmhawley.com, the communities that make up wmhawley.com, or any rights of wmhawley.com
or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither wmhawley.com nor its
Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither wmhawley.com,
nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability
for any action or inaction with respect to conduct, communication, or Content on wmhawley.com.
V. PRIVACY POLICY
In accordance with the terms of wmhawley.com's Privacy Policy,
http://www.wmhawley.com/about/privacy_policy.php,
wmhawley.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
wmhawley.com may terminate User's access, or suspend any User's access to all or part of wmhawley.com, without notice,
for any conduct that wmhawley.com, in its sole discretion, believes is in violation of any applicable law or is harmful
to the interests of another User, a third-party Provider, a service provider, or wmhawley.com.
VII. USAGE BY CHILDREN UNDER 13
wmhawley.com cannot prohibit minors from visiting this site. wmhawley.com must rely on parents, guardians and those
responsible for supervising children under 13 to decide which materials are appropriate for such children to view
and/or purchase (whether in our Kids! department or our other departments).
wmhawley.com requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by
minors under 13 through a wmhawley.com authorized affiliated program which permits parents and other guardians
to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our
site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH
TIME YOU PURCHASE A PRODUCT AT WMHAWLEY.COM, YOU ARE REPRESENTING TO WMHAWLEY.COM THAT YOU ARE EITHER (I) AN
INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A WMHAWLEY.COM AUTHORIZED
AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE
VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN
INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by wmhawley.com in the State of California. As such, the laws of the State of
California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts
of laws. wmhawley.com reserves the right to make changes to its site and these disclaimers, terms and conditions at
any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts
of the State of California and of the United States of America located in the State of California for any litigation
arising out of or relating to use of or purchase made through wmhawley.com (and agrees not to commence any litigation
relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the
California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has
been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use
shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the
validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between
you and wmhawley.com regarding your relationship with wmhawley.com and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the wmhawley.com web site. The aforementioned Terms of Use are subject
to change.
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