SPRINGER PUBLISHING COMPANY, LLC
This Subscription Agreement was last revised on [June 13, 2017].
This Subscription Agreement is a legal and binding agreement between the entity that acquired a subscription (the "Subscriber") and Springer Publishing Company, LLC ("SPC") governing your access to and/or use of Hale’s Medications & Mother's Milk and all future updates, versions and editions offered by SPC ("Hale’s Medications & Mothers’ Milk"). Subscriber's payment for and/or use of Hale’s Medications & Mothers’ Milk signifies Subscriber's acceptance of, and agreement to, the terms and conditions of this Subscription Agreement.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. Except as expressly provided in this Subscription Agreement, nothing contained herein shall be construed as conferring any additional license or right under any copyright or any other intellectual property right. The text, images and other materials and information contained, displayed or accessible to the Subscriber or Authorized User as part of any of Hale’s Medications & Mothers’ Milk may not be copied, modified, translated, altered, amended, downloaded, archived, transmitted, posted, broadcasted, transferred, forwarded, assigned, reproduced or in any other way used or otherwise disseminated in any form for the benefit of any unauthorized third party not subject to a valid and subsisting license agreement with SPC for the same product, without the explicit written consent of SPC. No content of any of Hale’s Medications & Mothers’ Milk may be stored in any shared electronic database or used to create historical compilations or analyses. All unauthorized reproductions, or disseminations or other uses of material contained in Hale’s Medications & Mothers’ Milk shall be deemed willful infringement of SPC's copyright and/or other proprietary and intellectual property rights. A subscription with Hale’s Medications & Mothers’ Milk does not grant the Subscriber or Authorized User(s) the right to sublicense Hale’s Medications & Mothers’ Milk to any third party. SPC expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised. SPC reserves the right, without further notice, to pursue to the fullest extent allowed by law any and all criminal and civil remedies for the violations of its rights throughout the world. Without limiting any of the foregoing, this Subscription Agreement and/or any access to Hale’s Medications & Mothers’ Milk may be terminated by SPC in the event that Subscriber or any Authorized User breaches any of the terms hereof. For permission to photocopy and/or use any information contained in Hale’s Medications & Mothers’ Milk beyond the uses permitted herein, please contact Joanne Jay at email@example.com.
DISCLAIMER AND LIMITATION OF LIABILITY; INDEMNITY. While SPC will use reasonable efforts to provide up-to-date and accurate information, SPC does not guarantee any information and makes no warranties or representations as to the completeness, currency or accuracy of the information and assumes no liability or responsibility for any inaccuracies, errors or omissions in the information provided. SPC shall not be liable to any party for any loss or damage whether or not due to reliance placed by Subscriber or Authorized User(s) on information, materials, or content available through Hale’s Medications & Mothers’ Milk. Subscriber expressly acknowledges and agrees that its use of Hale’s Medications & Mothers’ Milk is at Subscriber's own risk. All information available through Hale’s Medications & Mothers’ Milk is provided on an "AS IS" basis. The content of Hale’s Medications & Mothers’ Milk is subject to change without notice. SPC makes no warranty that Hale’s Medications & Mothers’ Milk will meet requirements not provided for herein, be uninterrupted, secure or error free, or that any website of SPC used to provide Hale’s Medications & Mothers’ Milk is free of viruses. SPC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION PROVIDED THROUGH OR IN CONNECTION WITHHALE’S MEDICATIONS & MOTHERS’ MILK, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION AVAILABLE THROUGH HALE’S MEDICATIONS & MOTHERS’ MILK. In no event shall SPC, its affiliates, SPC's and such affiliates' principals, directors, officers, employees, agents, representatives, successors and/or assigns be liable for any indirect, consequential, special, incidental or punitive damages. Subscriber agrees to indemnify, defend and hold harmless SPC, its affiliates, and SPC's and such affiliates' principals, directors, officers, employees, agents and representatives from and against any and all actions, causes of action, suits, damages, liabilities, losses, claims and demands of whatever kind or nature, at law or in equity, directly or indirectly, arising out of or in any way related to Subscriber's and/or any Authorized User's violation of the terms of this Subscription Agreement and Subscriber's and/or any Authorized User's use of Hale’s Medications & Mothers’ Milk, and all costs and expenses incurred by SPC and/or its affiliates as a result thereof, including attorneys' fees and court costs. SPC and its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event Subscriber will cooperate with SPC and/or its affiliates in asserting any available defenses
GENERAL PROVISIONS. This Subscription Agreement (a) contains the complete and exclusive agreement between the Subscriber, Authorized User(s) and SPC for Hale’s Medications & Mothers’ Milk, relating to the subscription(s) for the publication(s) and supersede any prior proposals, understandings, subscriptions and other agreements, oral or written; and (b) may not be amended and/or modified without the express written consent of SPC. This Subscription Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles and you hereby agree that any cause of action that you may have with respect to SPC must be filed in a federal or state court in New York, New York, U.S.A. and may be enforced by any equitable remedy without limiting the right of SPC to proceed at law for such relief as may be available. No failure or delay by SPC in exercising any right, power or privilege under this Subscription Agreement will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Subscription Agreement. If any provision of this Subscription Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
CUSTOMER SERVICE. For inquiries about your subscription, please e-mail firstname.lastname@example.org. Please be sure to include your full name, e-mail address and group or site name, if applicable. You may also contact SPC by phone toll-free at (877) 687-7476.