These terms and conditions (“Terms and Conditions”) apply to the use of the Great Valley Publishing Company (“GVP”) corporate website located at http://www.gvpub.com and all other websites of GVP or its publications or affiliates that link to these Terms and Conditions (collectively, the "Site").
By accessing or using the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Site.
Permitted Uses and Prohibitions
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by GVP or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by GVP.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without GVP’s prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without GVP’s prior written permission.
Unless expressly authorized by GVP, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any GVP server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. GVP may at any time exercise editorial control over the Content of the Site.
You may not, without the approval of GVP, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
DISCLAIMER OF WARRANTIES AND LIABILITY
NEITHER GVP NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHICH ARE PROVIDED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT WILL GVP OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SITE, AND/OR ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, AND/OR THE CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE, EVEN IF GVP OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GVP’S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE COURSE FEE PAID BY YOU FOR ANY CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Indemnification
You hereby agree to indemnify and hold GVP, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Site or any Content, products or services included in or accessible from the Site.
Use of Professional Judgment
The editors and authors of GVP have conscientiously and carefully tried to create analysis, treatment and information contained in the Content that conform to the standards of professional practice that prevailed at the time of publication. While GVP, its authors and editors make every effort to see that no inaccurate or misleading data, opinion, or statements appear in the Content, including, without limitation, articles and continuing education programs, they wish to state that the data and opinions in the Content are the responsibility of the contributor concerned. Accordingly, the publisher, editors, and their respective employers, employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. Additionally, standards and practices in nutrition, dietetics and healthcare change as new data become available and the individual professional should consult a variety of sources in making clinical decisions for individual patients and clients.
GVP describes basic principles of assessment, treatment and therapy. The information provided in GVP is no substitute for individual patient/client assessment based upon the professional’s examination of each patient/client and consideration of laboratory data and other factors unique to the patient/client.
Notification of Infringement
Notifications regarding any alleged intellectual property infringement should be directed to the GVP Legal Department by email addressed to [email protected].
Links
The Site may contain links to third-party sites or resources. GVP is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of GVP. Because GVP is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from those of GVP.
You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by GVP. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of GVP and/or the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of GVP.
Material Provided to Us or Posted On or Through the Site
GVP does not claim ownership of any content, application or other material that you or third parties provide to us (including feedback, comments and suggestions) or post, upload, input or submit on or through the Site, including blog pages, message boards, and forums, for review by the general public, registered users of the Site or by the members of any public or private community ("Submissions") and we are not responsible for Submissions’ content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant GVP and its sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). GVP is under no obligation to display or otherwise use any Submission you may provide, and GVP may remove any Submission at any time in its sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.
GVP shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. GVP shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
Site Availability
GVP aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, GVP shall not be liable for lost altered, or corrupted information or non-availability of the Site.
General
If any provision of the Terms and Conditions is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. These Terms and Conditions may be modified only in writing authorized by GVP. GVP’s waiver of any right under these Terms and Conditions shall not constitute a waiver of that or any other right in the future. These Terms and Conditions shall be governed by and construed in accordance with the laws and in the state and federal courts of the Commonwealth of Pennsylvania, USA. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the Commonwealth of Pennsylvania, USA. Any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event GIVING RISE TO SUCH CLAIM or such claim SHALL BE barred. These Terms and Conditions constitute the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.