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Hands-on Mechanics - Terms of Use
Terms of Subscription and License Agreement for Hands-on Mechanics
All use of The McGraw-Hill Companies ("McGraw-Hill") Hands-on Mechanics web pages is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button", and using Hands-on Mechanics, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" and "User" refer to the person who completed the registration process.
Definitions
Hands-on Mechanics contains three types of content (collectively, "Content"):
- "Hands-on Mechanics Owned Content" means content created and/or entered into Hands-on Mechanics by McGraw-Hill's authors, employees and licensors (collectively the "McGraw-Hill Designated Online Providers")
- "USMA Content" means content prepared by and entered into Hands-on Mechanics by the United States Military Academy which is owned by the United States government and therefore not subject to copyright.
- "Other Content" means any other content entered into Hands-on Mechanics by Users or other persons.
Use of Hands-on Mechanics
All of the Hands-on Mechanics Owned Content is either the property of McGraw-Hill or is licensed to McGraw-Hill and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw-Hill to protect McGraw-Hill's proprietary interests in Hands-on Mechanics. During the term of your subscription to Hands-on Mechanics, McGraw-Hill hereby grants you a non-exclusive, non-transferable license to access and use Hands-on Mechanics for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access Hands-on Mechanics using the User's screen name and password. You may display, download or print out, for your own research or study only, materials from Hands-on Mechanics; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from Hands-on Mechanics or modify or remove any proprietary notices contained therein, or create derivative works based on materials from Hands-on Mechanics. You may not engage in systematic retrieval of Content from Hands-on Mechanics to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from McGraw-Hill. You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal information from Hands-on Mechanics; or (iii) cause disruption to the operation of Hands-on Mechanics. McGraw-Hill reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of Hands-on Mechanics. The User may not disseminate any portion of Hands-on Mechanics through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User's access to, or use of, Hands-on Mechanics.
Other Content
The User grants to McGraw-Hill the perpetual, non-exclusive right to use all material entered into Hands-on Mechanics by the User in any of McGraw-Hill's print or electronic products or services.
Users entering material into Hands-on Mechanics are responsible for the content of that material. Neither McGraw-Hill nor the McGraw-Hill Designated Online Providers have any responsibility for Other Content or USMA Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from Hands-on Mechanics. However, McGraw-Hill retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which McGraw-Hill deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through Hands-on Mechanics which is promotional in nature, including solicitations for funds or business, without the prior written authorization of McGraw-Hill.
The User agrees to indemnify McGraw-Hill and the McGraw-Hill Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill, its affiliates, employees and the McGraw-Hill Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; or (ii) material entered into Hands-on Mechanics with the use of the User's screen name or password. McGraw-Hill reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill or the McGraw-Hill Designated Online Providers.
No Warranties/Limitations on Liability
HANDS-ON MECHANICS AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING HANDS-ON MECHANICS, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH HANDS-ON MECHANICS.
FURTHER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR OTHER CHANGES IN ANY OF THE CONTENT, NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN HANDS-ON MECHANICS IS IN EVERY RESPECT ACCURATE OR COMPLETE, OR NOT INJURIOUS TO THE USER OR CAPABLE OF BEING MISREAD AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INJURY (INCLUDING ANY BODILY INJURY OR DEATH), INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL MCGRAW-HILL OR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF HANDS-ON MECHANICS. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST MCGRAW-HILL OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF HANDS-ON MECHANICS SHALL NOT EXCEED $1,000.
No Endorsements
The Content may include references to products or services manufactured or developed by third parties. Any such references are included in the Content for instructional and demonstration purposes only and shall under no circumstances be deemed to be or construed as an endorsement of such third party product or service by McGraw-Hill or the USMA. Further, the inclusion of USMA Content in Hands-on Mechanics is for instructional and demonstration purposes only and shall under no circumstances be deemed to be or construed as an endorsement by the USMA of any McGraw-Hill product or service.
Registration
As part of the registration process, you must select a screen name and password. You will keep you User name and password confidential. You are responsible to promptly notify McGraw-Hill of any disclosure or unauthorized use of you User name and password by calling 800-331-5094 or sending an email to OnlineCustomer_Service@mcgraw-hill.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify McGraw-Hill within thirty (30) days of any other changes in your registration data.
Privacy Policy
McGraw-Hill may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from The McGraw-Hill Companies which may be of interest to you. In addition, McGraw-Hill may provide aggregated, anonymous statistical information about Hands-on Mechanics users to other persons, including potential advertising clients. For detailed information, please click the McGraw-Hill Customer Privacy Policy link at the bottom of any screen of Hands-on Mechanics.
Term and Termination
This Agreement will continue and renew automatically unless terminated by McGraw-Hill, as provided for in this Agreement.
McGraw-Hill reserves the right to change the terms of this Agreement by providing notice in Hands-on Mechanics or, at McGraw-Hill's option, directly to users via electronic mail or conventional mail. Use of Hands-on Mechanics following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.
McGraw-Hill may discontinue or change Hands-on Mechanics, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, McGraw-Hill reserves the right in its sole discretion to suspend or terminate your access to Hands-on Mechanics immediately without notice, in addition to any other available remedies.
General
This Agreement constitutes the entire agreement between the User and McGraw-Hill relating to Hands-on Mechanics and supersedes any and all other agreements, oral or in writing, with respect to Hands-on Mechanics. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw-Hill to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
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