These terms and conditions of use (“Terms”) are between you and Sage Publications, Inc., and/or its affiliates, including Corwin (“Sage”), and govern your access and use of the website and the materials located at https://policyprofiles.sagepub.com/ and any other domains operated by Sage (“Site”). Please read these Terms carefully as they govern the use of the Site.
By accessing or using the Sage Site, as well as the content, products, and the Policy Profiles services available on the Site (collectively “Services”), you are accepting the Terms outlined herein. You agree to comply with the Terms and IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS DO NOT USE THIS SITE OR ANY SERVICES REFERENCED HEREIN.
Sage reserves the right to, at its sole discretion, change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes and your continued use of the Site following the posting of changes will mean that you agree to the changes and accept the updated Terms.
1) Use of the Sage Policy Profiles Website
Sage grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Services under the terms outlined herein.
You will be able to register your email and link articles that you are associated with. You agree to only link articles that you are associated with in some way. As part of the Services you will be able to download or have emailed to yourself information about the articles you link to your email address. You should be aware that material provided to you by the Services is drawn from a wide range of sources but may not be comprehensive. You should evaluate the trustworthiness of what we provide to you yourself. We do not keep any of the materials we provide to you long-term – if the content is important to you please ensure that you save a copy of it in your own records.
In accessing or using the Services you may not: 1) take any actions that interfere with the proper functioning of the Services, 2) take any actions that compromise the security of the Services, or 3) otherwise damage or compromise the Services, or the materials available on the Services, in any way.
Without express written permission from Sage you may not: 1) probe, scan, test, or otherwise assess the vulnerability of the Services, or any network connected to the Services; 2) use automated means to collect information or content from the Services (such as using robots, spiders, page-scrapers, or similar); 3) attempt to gain unauthorized access to any feature or portion of the Services or the systems or networks connected to the Services by hacking, phishing, or password mining, or any other illegitimate means; 4) assess the vulnerability of the Services by probing, scanning or otherwise testing the Services or the systems or networks connected to the Services; 5) bypass any authentication or verification measures on the Services or the systems or networks connected to the Services or otherwise circumvent or attempt to circumvent any security measures in place on the Services; 6) trace or seek to trace any information on another user or visitor to the Services or the systems or networks connected to the Services or of any customer of Sage; 7) interfere with, attempt to interfere with, or otherwise disrupt the proper functioning of the Services or the systems or Networks connected to the Services including by inserting or submitting any harmful code, trojan horse, worm, or virus to the Site or by placing an unreasonable or disproportionately large load on the Services, systems or networks connected to the Services, or the infrastructure of the Services or systems or networks connected to the Services; 8) misrepresent, impersonate, or pretend that you are, or represent, another individual or entity; 9) use the Services or Content to develop any database, database service (online or otherwise), or any information resource in any medium (now existing or developed in the future) for sale or license to or use by others; 10) remove, disable, or defeat any functionality in the Services or the systems or networks connected to the Services designed to limit or control access to or use of the Services or to protect the rights of Sage or its licensors as copyright owners; or 11) decompile, disassemble, or create or attempt to create by reverse engineering or otherwise, the source code from any object code accessible as part of the Services.
2) Intellectual Property
All text, graphics, articles, photographs, trademarks, logos, artwork, and computer code (“Content”) on the Services is proprietary to Sage (and/or its licensors) and protected by copyright, trademark, patent, trade dress, unfair competition, and/or other laws of the United States and other countries. All rights are reserved by Sage or its applicable licensors. You may not copy, reproduce, upload, post, mirror, encode, translate, transmit or otherwise distribute any Content to any other computer, server, website, book, paper, or any other medium of distribution without Sage’s prior written approval.
3) Additonal Terms
You agree to indemnify and hold harmless Sage, its officers, directors, employees, agents, subsidiaries, and affiliates from any claims, demands, loss, liability, or expense arising out of or in connection with your use of the Services.
To the maximum extent permitted by applicable law, this Services are provided “AS IS” and on an “AS AVAILABLE” basis and WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. SAGE DOES NOT WARRANT THAT THE SITE OR ANY SERVICES WILL BE AVAILABLE, OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
6) Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY[MT3] TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY ($250) DOLLARS. IN ALL CASES WE WILL NOT BE LIABLE OFR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542.
7) Dispute Resolution
All claims arising out of or relating to the use of the Services, this Agreement, or its breach, with the exception of claims of injunctive relief with respect to intellectual property rights, shall be resolved exclusively through arbitration. We each agree that any such proceeding will be conducted on an individual basis and not as a class or other consolidated or representative action. The proceeding shall be resolved by the American Arbitration Association under its Commercial Arbitration Rules and any judgment on the award rendered by the arbitrator may be entered into any court of competent jurisdiction. The location of the arbitration shall be Ventura, California and claims shall be governed by the laws of a state of California (without regards to any conflict of laws principles that may provide the application of the law of another jurisdiction). The parties shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure.
If, for any reason, the claims proceed in a court rather than in arbitration we both agree that the exclusive jurisdiction and venue of the federal court of the Northern District of California or a state court in Ventura, California.
The Services are not intended for use by or to be available to children. IF YOU ARE UNDER 13 YEARS OF AGE YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. PELEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
This Agreement governs your use of the Services. To the extent that any provision of this Agreement conflicts with any provision of other agreements between you and Sage the terms of this Agreement shall, as to the specific subject matter of this Agreement, take precedence over the conflicting terms of that other Agreement.
Without limiting any other remedy available to us, we may suspend or terminate this Agreement and/or your access to any Services if we believe, in our sole discretion, that you have failed to comply with your obligations under this Agreement. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Sage or act as estoppel against later enforcement. Subject to Section 10, this constitutes this entire agreement between you and Sage with respect to the specific subject matter addressed herein and governs your use of the Services superseding any prior agreements between you and Sage relating to such subject matter.
You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Sage. You may not assert ay claim or cause of action arising out of or relating to your use of the Services more than one year after the date such claim or cause of action arose. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement shall remain in full force and effect. The setting headings are for convenience only and have no legal or contractual effect.