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Last Updated August 12, 2015

MYILIBRARY TERMS OF USE


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR ENTERING THIS SITE. THIS AGREEMENT IS BETWEEN YOU AND PROQUEST LLC DBA MYILIBRARY®. ("MIL", "US", or "WE"). UPON ENTERING THIS SITE, YOU HEREBY AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE AND ANY PROGRAMS, SERVICES, OR TOOLS, MADE AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively referenced as the “MIL Site”). IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE MIL SITE AND ARE INSTRUCTED TO EXIT THE MIL SITE.

Any references to "User", "You", "Your", or "Authorized User" refer to you or your institution or business and all its related affiliates, agents, or employees who may use or access this MIL Site.

TERMS AND CONDITIONS


1.   USER OBLIGATIONS.  You represent that you have the legal authority to access this MIL Site, and at all times, will provide true, accurate and complete information when submitting any information to the MIL Site, including, without limitation, when you provide information during registration or other forms as may be applicable. If you provide any false, inaccurate, or incomplete information, MIL reserves the right to terminate your access immediately to the MIL Site. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which you receive or which is made available from MIL in connection with this TOU. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the MIL Site is solely at your own risk. While MIL has endeavored to create a secure and reliable MIL Site, you should understand that the confidentiality of any communication or material transmitted to or from the MIL Site over the Internet or other form of communication network cannot be guaranteed and MIL is not responsible for the security of any information transmitted to or from the MIL Site. You agree to assume all responsibility concerning activities related to your use of the MIL Site. MIL does not provide support for the site.

2.   ACCOUNT ACCESS.  An institution may be able to access this MIL Site through an IP or similar authentication method agreeable to MIL, allowing a User to gain access to this MIL Site through this authentication. Please check with your institution on the specific requirements for this access, including without limitation UserID and Password requirements. To download content from this MIL Site, you will need to create a user account accessible through the use of a UserID and Password assigned and/or controlled by you. You are solely responsible for protecting your UserID and Password and hereby agree to accept all responsibility for any activity that occurs under your account with your UserID and Password. MIL is not responsible for any liability arising from any unauthorized use of this service (including without limitation from your business/ institution or from your failure to safeguard a Password from unauthorized use). Only one (1) Authorized User can use a UserID and Password and, thus, one (1) account for each User. By using the MIL Site, you agree to consider your UserID and Password as confidential information and to keep your UserID and Password as such. You also agree not to use another Authorized User's UserID and Password. You will immediately notify MIL if you become aware of any loss or theft of your Password or any unauthorized use of your UserID and Password. MIL will not be liable for any loss or damage arising from your failure to comply with these obligations. MIL reserves the right to delete or change (with notice) a UserID or Password at any time and for any reason.

3.   LICENSE GRANT.  The MIL Site is provided by MIL, and this TOU provides to you a revocable, limited, non-exclusive, non-transferable license to use the MIL Site, for your personal non-commercial use only, conditioned on your continued compliance with the terms and conditions of this TOU. You may also download materials and information from the MIL Site as allowed, solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. MIL reserves the right for any reason without notice to remove the contents of this MIL Site received from Users, including without limitation, bulletin board postings. MIL reserves the right to deny any User access to the MIL Site or any portion without notice. You must not remove or obscure any copyright or other proprietary notices that appear on the Digital Content.

4.   RESTRICTIONS.  This MIL Site is for limited use only. You may not post digital content or portions thereof on any third party website or provide the digital content to others by any method including hosting services, sharing sites, or feeds. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data or content provided by MIL through the MIL Site in any manner unless expressly permitted by this TOU and MIL. In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the MIL Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the MIL Site, (ii) attempt to gain unauthorized access to any portion or feature of the MIL Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the MIL Site or to any MIL server or to any of the services offered on or through the MIL Site, by hacking, Password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the MIL Site or any network connected to the MIL Site, nor breach the security or authentication measures on the MIL Site or any network connected to the MIL Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User or visitor to the MIL Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MIL Site or MIL or its affiliates systems or networks or any systems or networks connected to the MIL Site, (vi) use any device, software to interfere with the proper working of the MIL Site or any transaction conducted on the MIL Site, or with any other person's use of the MIL Site, (vii) resell, or otherwise permit third parties to access and use the MIL Site (or any part thereof) without MIL prior written permission, or (viii) use the MIL Site that could negatively impact MIL.

5.   TERM AND TERMINATION.  This TOU and your right to use the MIL Site will take effect at the moment you access the MIL Site and is effective until terminated as set forth below. If you do not agree with this TOU, you should immediately leave this MIL site. In addition, MIL reserves the right at any time if you violate any term or condition of this TOU, to deny your access to the MIL Site or to any portion thereof in order to protect its name, its business, content, and/or other Authorized Users, or will terminate if you fail to comply with this TOU. Termination will be effective without notice. You may terminate this TOU at any time by ceasing to use the MIL Site, but all applicable provisions of this TOU will survive termination. Upon termination, you must destroy all copies of any aspect of the MIL Site in your possession. The provisions concerning MIL's proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOU for any reason.

6.   PRIVACY POLICY.  The name, address, and payment information (if applicable) that the User provides via this MIL Site, together with information regarding the manner in which the User uses this site, will not be processed or disclosed by MIL except as permitted by this TOU. By being a User of this site, you agree that MIL may share with other parties aggregate information, individual information, and locator information gathered by MIL in the course of your continuing individual use of this MIL Site. "Aggregate information" is information that describes the habits, usage patterns, and/or demographics of users as a group, but does not describe or reveal the identity of any particular user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other users, but not in a form that personally identifies any user or enables the recipient to communicate directly with any user.

Cookies
MIL uses cookies so that it may customize this site for your institution. A cookie is a series of data characters that, when programmed into a MIL Site, is placed by the web server into the browser's application folder on your computer. The cookie will allow this MIL Site to associate you with your information.

7.   LIABILITY DISCLAIMER.  THE INFORMATION, DIGITAL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PRODUCED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES MAY BE PERIODICALLY ADDED OR CHANGED TO THE INFORMATION HEREIN. MIL AND/OR ITS CONTENT SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DIGITAL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, DIGITAL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MIL AND/OR ITS CONTENT SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL MIL AND/OR ITS CONTENT SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, DIGITAL CONTENT, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MIL AND/OR ANY OF ITS CONTENT SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NEITHER MIL NOR ITS CONTENT SUPPLIERS WILL BE LIABLE FOR ANY DELAY OR FAILURE IN THE MIL SITE RESULTING FROM ACTS OF NATURE, INTERNET INTERUPTIONS, EQUIPMENT FAILURES, SERVICES FAILURES, OR ANY INABILITY TO ACCESS DIGITAL CONTENT. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MIL FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MIL SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO MIL IN CONNECTION WITH THE USE OF THIS MIL SITE FOR THE PRIOR THREE (3) MONTHS.

8.   INDEMNITY.  You agree to defend, indemnify, and hold harmless MIL and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorney fees and expenses) relating to or arising from any breach by you of this TOU. You acknowledge that any breach, threatened or actual, of this TOU may cause irreparable injury to MIL, such injury would not be quantifiable in monetary damages, and MIL would not have an adequate remedy at law. You therefore agree that MIL shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

9.   GOVERNING LAW.  This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Michigan. You and MIL each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the Eastern District in the State of Michigan for any disputes between Us under or arising out of this TOU. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against MIL must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

10.   WAIVER, NO JOINT VENTURE, SEVERABILITY.  No waiver by either party of any breach of any of the provisions of this TOU shall be deemed permission to disclose any preceding or succeeding disclosure of any Confidential Information or a waiver of any preceding or succeeding breach of the same or any other provisions hereof. The parties are independent contractors and do not intend that any agency, partnership or joint venture relationship be created between them by this TOU. If any provision of this TOU is determined to be invalid, illegal or unenforceable, the remaining provisions of this TOU will remain in full force. This TOU constitutes the entire agreement between you and MIL with respect to this MIL Site. A printed version of this TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records.

11.   PROPRIETARY RIGHTS.  This TOU provides you a limited license to access and use the MIL Site. You expressly acknowledge and agree that MIL transfers no ownership or intellectual property interest or title in and to the MIL Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, and arrangement of any content contained on or available through the MIL Site, unless otherwise indicated, are owned, controlled, and licensed by ProQuest LLC, other third parties, or its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The digital content is copyrighted by the publisher or supplier. Accordingly, your unauthorized use of the MIL Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that MIL does enforce its intellectual property rights to the fullest extent of the law. This MIL Site is Copyright © 2015 All rights reserved. This MIL Site, MIL, the MIL logo, and all other names, logos, and icons identifying MIL and its programs, products, and services are proprietary trademarks of MIL, and any use of such marks, including, without limitation, as domain names, without the express written permission of MIL is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. Digital content cannot be reproduces or transmitted without the prior written permission of the copyright owner, unless otherwise allowed under this MIL Site.

Some of the reviews posted on this MIL Site are sourced by PWxyx LLC and Media Source Inc. and are posted and/or used with permission. Booklist, a unit of the American Library Association, also furnishes certain reviews that are published in Booklist and are reprinted with permission of Booklist. Other reviews, from time to time, may be posted from other sources with permission. No use of the reviews can be made other than as set forth in this TOU without the express written consent of its respective owner as applicable.

12.   THIRD PARTY PRODUCTS/SERVICES.  MIL, in its sole discretion, may post the advertisements of third parties on the MIL Site and/or feature materials, programs, products, and services provided by third parties, including, without limitation, MIL's Users. MIL makes no representations with respect to the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the MIL Site are solely between you and such third party. Accordingly, MIL expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the MIL Site, and you agree that MIL shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the MIL Site.

13.   COPYRIGHT INFRINGEMENT NOTICE.  If you believe that your work has been copied on the MIL Site in a way that constitutes copyright infringement, please send a valid DMCA notice (or counter-notice) according to the procedures described below by e-mail to: dmca@proquest.com.

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on any website controlled or operated by ProQuest (the “ProQuest Site” or “Site”) can be identified and removed via ProQuest’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your copyright(s) has/have been infringed on the MIL Site, you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular MIL Site activities or communications. As such, they are not subject to the applicable Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request. Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

a. Filing a DMCA Notice

To file a DMCA Notice with ProQuest, you must send us a written letter by fax, regular mail or email. We reserve the right to ignore a Notice that is not in compliance with the DMCA.

Your Notice must:

  1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list URL where material is located].”);
  2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
  4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. The Notice must be signed;
  8. The Notice must be sent to our DMCA designated agent at the following address:
      DMCA Agent ProQuest, LLC 789 E. Eisenhower Parkway
      Ann Arbor, MI 48106-1346
      USA Tel: 734-997-4107
      Or fax to: 734-661-1600 (on the cover sheet, please write: Attention: DMCA NOTICE).
      Or email to: dmca@proquest.com

b. Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax, regular mail or email.

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.

Your Counter-Notice must:

  1. Describe and list all material(s) that were removed by ProQuest and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
  4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
  5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. The Counter-Notice must be signed.
  7. The Counter-Notice must be sent to our DMCA designated agent at the following address:
      DMCA Agent ProQuest, LLC 789 E. Eisenhower Parkway
      Ann Arbor, MI 48106-1346
      USA Tel: 734-997-4107
      Or fax to: 734-661-1600 (on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).
      Or email to: dmca@proquest.com

All other questions and comments regarding this MIL Site, please email: Coutts-MiLSupport@proquest.com.