3M CLOUD LIBRARY SERVICES
TERMS OF USE
THESE TERMS
OF USE ("TOU" OR "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU
("YOU" OR "USER") AND 3M COMPANY ("3M") REGARDING YOUR ACCESS TO ACCESS TO AND USE
OF THE 3M CLOUD LIBRARY SERVICES ("SERVICES"), INCLUDING
ANY UPDATES, UPGRADES AND SUPPLEMENTS THERETO. BY USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND
BY THESE TERMS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS
OF SERVICE, YOU ARE PROHIBITED FROM USING THE SERVICES.
3M RESERVES
THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THE SERVICES WITHOUT NOTICE. IN ADDITION, 3M MAY MODIFY THE TOU
WITHOUT PRIOR NOTICE AND SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY
UPON POSTING ON THIS SITE (http://ebookdownload.3m.com/apps/3MCloudLibrary_TOU.html)
. YOU AGREE TO REVIEW
THE POSTED TOU PERIODICALLY TO DETERMINE IF MODIFICATIONS HAVE BEEN MADE. BY CONTINUING TO USE THE SERVICES AFTER
MODIFICATIONS ARE POSTED, YOU WILL BE DEEMED TO HAVE ACCEPTED THE MODIFIED TOU.
COPYRIGHT NOTICE: EBOOKS AND OTHER MATERIALS DOWNLOADED OR
OTHERWISE ACCESSED THROUGH THE SERVICES ARE COPYRIGHTED MATERIALS PROTECTED BY
STATE, FEDERAL AND INTERNATIONAL REGULATIONS, LAWS AND TREATIES. UNAUTHORIZED COPYING OR USE OF SUCH
MATERIALS, AND ANY ATTEMPT TO DEFEAT OR OTHERWISE CIRCUMVENT ANY DIGITAL RIGHTS
MANAGEMENT OR SECURITY FEATURES ASSOCIATED WITH SUCH MATERIALS, IS STRICTLY
PROHIBITED.
1.
The Services. The Services enable you to browse, download, listen to
and read eBooks, audiobooks and other materials ("Lending
Materials") using a compatible e-reader, mobile device or personal computer
("Compatible Device") and approved
application software ("Application
Software"). The Services are
for your personal, non-commercial use only. Reproduction, distribution, performance,
display and creation of derivative works of the Lending Materials, in any mode
or media (including but not limited to transfer to optical media, such as CDs
or DVDs, and sharing of Lending Materials with others via file sharing services
or email) are strictly prohibited.
All rights not expressly granted herein are reserved to 3M and its
licensors. The Services are not intended for use by any person under the age of
13 without the express, written consent of a parent or legal guardian.
2.
Lending Policies. The Services
are provided in cooperation with approved libraries and lending institutions ("Lenders"). In order to access and use the
Services, you are required to maintain a current account with your selected
Lender. Selection and availability
of Lending Materials is at the sole discretion of your Lender, and is subject
to the policies and rules established by your Lender, including any applicable
dues, charges or fees. ("Lending
Policies"). For further
information regarding applicable Lending Policies, please contact your selected
Lender.
3.
Lending Term. Your
right to access and use Lending Materials will expire upon the earlier of (i) expiration or termination of this Agreement; and (ii)
the end of the lending term as established by your Lender ("Lending Term"). You
agree to cease all use of and delete all copies of the Lending Materials upon
such expiration, and acknowledge that the Services, the Application Software
and/or the Lending Materials may include digital rights management technologies
that delete, disable or otherwise inhibit use of Lending Materials upon such
expiration.
4.
Term and Termination.
a.
This Agreement is effective as of your first use of
the Services and shall remain in effect until: (a) this Agreement is superseded
by the posting of modified TOU on this site; or (b) termination by you or 3M as
provided herein.
b.
This Agreement will terminate immediately and
without notice upon your breach of any material term thereof, or of your
Application Software end user license agreement. In addition, 3M may terminate this
agreement, with or without cause, upon thirty (30) days
written notice, which notice may be provided through the Services or by email
at the address that you provide in your Account Information. You may terminate this Agreement at any
time by deleting your account and ceasing all further use of the Service. Upon termination of this Agreement by
you or 3M in accordance herewith, your right to access and use the Services and
any Lending Materials provided hereunder shall cease,
and you agree to cease use of and delete any Lending Materials in your
possession and control.
5.
Account Information. You represent and warrant that all
account information provided by you ("Account
Information") is true and accurate and that you will
update this information in order to keep it current, complete and
accurate. Account information that
you submit to the Services will be processed and stored in the United States by
3M and/or and 3M's service providers. You may change or delete your contact
information at any time by your account page. Account
information submitted to the Services may be retained by 3M or its service
provider(s) for up to one (1) year after your last use of the Services.
6.
User Names and Passwords. You agree that any usernames and
passwords associated with your account are confidential information solely for
your use, and that you are responsible for any access to or use of the Services
using your username and password. You agree to notify 3M immediately if you
learn of an unauthorized use of your account.
7.
Accessing the Services. Use of the Services requires you to be
connected to the Internet. You are solely responsible for obtaining and
maintaining, at your own cost and expense, an Internet connection suitable for
the purpose of accessing and using the Services. YOU ACKNOWLEDGE THAT THE
SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND WITHOUT INTERRUPTION. YOU AGREE
THAT 3M AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR LOSS OF SERVICES OR
FUNCTIONALITY DUE TO SLOW OR UNRELIABLE INTERNET CONNECTIONS. 3M AND ITS
SERVICE PROVIDERS DO NOT GUARANTEE THE SERVICES WILL BE FREE OF LOSS, VIRUS,
CORRUPTION OR ERROR.
8.
Intellectual Property. 3M and
its licensor(s) own and retain all intellectual property rights in the
Services, Lending Materials, and all associated software, copyrights,
trademarks, brands, service marks, patents or other proprietary rights under
law, including all intellectual property conceived during and in the course of
performing the Services. You are permitted to use the Services only as
specifically authorized herein
9.
DISCLAIMER OF WARRANTY. THE SERVICES AND LENDING MATERIALS ARE
PROVIDED "AS IS", AND 3M, ITSELF AND ON BEHALF OF ITS LICENSORS AND SERVICE
PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, THE WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING OUT
OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, 3M, ITS LICENSORS
AND SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES
AND
LENDING MATERIALS WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C)
WILL BE
EFFECTIVE, ACCURATE, COMPLETE, CURRENT OR RELIABLE, OR
(D) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS. USE OF THE
SERVICES, AND THE ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES,
INCLUDING BUT NOT LIMITED TO LENDING MATERIALS, IS DONE AT YOUR OWN RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY OR DAMAGE
RELATED THERETO.
9.
MCGRAW-HILL
CONTENT. MEDICINE IS AN EVER-CHANGING SCIENCE. AS
NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUT KNOWLEDGE, CHANGES IN
TREATMENT AND DRUG THERAPY ARE REQUIRED. IN VIEW OF THE POSSIBILITY OF HUMAN
ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER 3M, MCGRAW-HILL NOR THEIR LICENSORS
WARRANTS THAT THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT IS IN EVERY
RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR
OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE
ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT WITH
OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE
PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO
ADMINISTER TO BE CERTAIN THAT THE INFORMATION CONTAINED IN THE MCGRAW-HILL
CONTENT IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE
OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS
PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS.
NEITHER 3M, MCGRAW-HILL NOR THEIR LICENSORS SHALL BE LIABLE TO USER OR TO ANY
USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR
OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
11.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
3M, ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES
INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL
INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF
BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND ANY RELATED
PRODUCTS AND SERVICES, EVEN IF 3M, ITS LICENSORS AND/OR SERVICE PROVIDERS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT THE CUMULATIVE
LIABILITY OF 3M, ITS LICENSORS AND/OR SERVICE PROVIDERS ARISING FROM THE
SERVICE, THE SITE OR THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS
($100.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS
OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12.
Collection and Use of Information. Collection and use of your personal information,
including Account Information and information provided through your Application
Software, is governed by the 3M Cloud Library
Privacy Policy. In addition, 3M may share your personal
information with Lenders and service providers in order to provide the
Services, confirm your Lender account status, confirm compliance with this
Agreement and applicable Lending Policies, and to communicate with you about
the Services and your account.
13.
Indemnification. You agree to indemnify and hold 3M, its
parents, subsidiaries, affiliates, service providers, officers and employees,
harmless from any liabilities, claims, expenses or demands, including
reasonable attorneys' fees and costs, made by any third party due to or arising
out of: (a) your use or misuse of the Services; (b) any use of the Services in
violation of laws, rules, regulations or the TOU; and (c) your use of the Services to infringe
any intellectual property or any other right of any person or entity. 3M and
its service providers reserve the right, at their own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate in asserting any
available defenses.
14.
Governing Law and Attorneys Fees. This
Agreement is governed by the laws of the State of Minnesota, USA, excluding its
conflict of laws rules, and specifically excluding the United Nations
Convention on Contracts for the International Sale of Goods. User consents to
jurisdiction and venue in the state and federal courts located in Ramsey
County, Minnesota, USA, and agrees that all disputes arising from this
Agreement shall be venued exclusively in such courts.
In any action or suit to enforce any right or remedy under this Agreement or to
interpret any provision of this Agreement, the prevailing party will be
entitled to recover its costs, including reasonable attorneys' fees.
15.
Third Party Beneficiaries. You acknowledge that the Services may be
provided by third party service providers, in whole or in part, and agree that
such service providers are intended to be the beneficiaries of this Agreement
with the right to enforce the terms of the Agreement directly against Users.
16.
General. 3M and its service providers will not be
responsible for any delay in providing the Services due to conditions beyond
their reasonable control. If any provisions in the TOU are,
for any reason, held invalid, illegal or unenforceable by a court or tribunal
of competent jurisdiction, such provisions will be deemed severable and
such invalidity, illegality or un-enforceability will not affect any other
provisions, all of which will be enforced.
This Agreement constitutes the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all
prior agreements and understandings of the parties with respect thereto. No
Party has relied on any warranty or other statement not included herein. Failure by 3M to require strict
performance will not be a waiver of a 3M's right subsequently to require such
strict performance. All representations, warranties, indemnifications, and
other covenants contained herein will survive to the full extent necessary to
protect the Party in whose favor they run.
This Agreement may not be transferred or assigned without the express,
written consent of 3M.