By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions") and all applicable laws and regulations. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Site.
Elsevier reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted the changes.
Copyrights and Limitations on Use
All content in the Site, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of Elsevier and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell, license or communicate to the public all or any part of the Content or the products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.
You may print or download Content from the Site for your own personal, non-commercial use only, except to the extent broader rights with respect to specific Content are stated on the Site. This permission does not allow you to incorporate material, or any part of it, in any work or publication, whether in hard copy, electronic or any other form. You must in all cases keep intact all copyright and other proprietary notices. 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 prior written permission from Elsevier.
You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, except as provided below or unless authorized by us; (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. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them. If we identify (through metadata tags or otherwise) certain Content as eligible for searching and indexing, then you may search and index that Content only, and may only use that Content for the purpose of providing services that help users find Content on the Site.
Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Elsevier Global Rights.
You may not use the services on 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 abusive, hateful, profane, injurious to minors, pornographic, threatening, misleading, fraudulent, defamatory, libellous, harassing, obscene or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the content of the Site.
You may not, without the approval of Elsevier, 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.
You acknowledge that Elsevier is entitled to require you to remove any link from another website to the Elsevier website which you install without Elsevier's prior written consent.
Use of the Site is solely at Elsevier's discretion, and Elsevier reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from the Site. You are not granted any rights in or to the Site or any Content, other than the limited right to use the Site and the Content according to the terms of this Agreement.
Material Provided to Us or Posted On or Through the Site
We do not claim ownership of any material that you provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public or by the members of any public or private community ("Submission") and we are not responsible for its content or accuracy. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us, our affiliated companies and sublicensees permission 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). No compensation will be paid with respect to the use of your Submission. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our 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. You consent to all relevant acts or omissions in relation to any moral rights in information you submit to the Site which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, you waive all of your moral rights in any such information.
You are solely responsible for the accuracy and content of the information in your Submission. Elsevier exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal information supplied to the Site by you, including but not limited to any Submissions relating to pharmaceutical-related cases or products that are litigious in nature. However, we 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. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission. You agree to promptly report any suspicious or unauthorized use of the Site to Elsevier. Elsevier reserves the right to monitor any and all activity on the Site and Elsevier may notify the proper law enforcement officials if any suspicious activity is detected.
Trademarks
All trademarks appearing on the Site are the property of their respective owners.
Links to Other Sites
The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Elsevier is not responsible for the availability of external sites or resources linked to the Site. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and Elsevier 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. In some instances, the advertisement will contain representations or offers by third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Elsevier Australia. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier. The third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Because Elsevier 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 ours. You are also referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
Disclaimer of Warranties and Liability
Use of and access to the Site and any Content contained therein is at your own risk.
To the full extent permitted by applicable laws, neither Elsevier, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on the site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, cases, choice of drugs, and drug dosages are the responsibility of the authors.
NEITHER ELSEVIER NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL ELSEVIER, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. ELSEVIER AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LEGISLATION, INCLUDING THE TRADE PRACTICES ACT 1974 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH IT IS ENTITLED TO DO SO, ELSEVIER LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: AT ELSEVIER'S OPTION: (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Elsevier neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.
Systems Reliability
Elsevier aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. To the full extent permitted by applicable laws, Elsevier shall not be liable for lost information or non-availability of the services.
Indemnification
You hereby agree to indemnify, defend and hold Elsevier, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of and access to the Site or Content.
Events outside our control
Elsevier will not be in breach of obligations under these Terms and Conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside Elsevier's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lockouts, delays in transport, breakdowns in equipment, or restrictions or prohibitions or any other acts by any government or semi-government authority.
Severability
If any provision in this Agreement is held invalid or unenforceable under an applicable law, the remaining provisions shall continue in full force and effect.
Governing Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of that State. In the event that any of the Terms and Conditions are found to be invalid, voidable or unenforceable under New South Wales law, this will not affect the remainder of the Terms and Conditions.
