Terms of Use

This Website (“Website”) is an online information and communications service provided by The Hastings Center (“The Center,” “we” or “our”). Please carefully read the following Terms of Use before using this Website. By using this Website, you agree to these Terms of Use. The Terms of Use set forth herein apply to all materials, content, online communications and other information that is or becomes available on this Website. If you do not agree to these Terms of Use, you may not use this Website.

Copyright

Unless otherwise stated, all content (such as text, graphics, images and other material) in this Website is the property of The Center or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of The Center and is protected by U.S. and international copyright laws. All software used on this Website is the property of The Center or its software suppliers and is protected by U.S. and international copyright laws. Except as otherwise provided by U.S. copyright law, content from this Website may be viewed, reproduced, displayed or stored for private, noncommercial purposes only. You are also authorized to electronically copy and/or print a hard copy of portions of this Website for the purposes of using this Website, reviewing its content, subscribing to or purchasing publications, becoming a Member of The Center or making donations to The Center. Any other use, including the reproduction, modification, distribution, transmission, alteration, republication, display or performance of the content available on this Website is strictly prohibited, unless authorized by The Center’s Reprint Permission Policy found here.

If you believe that any copyrighted material in which you own an exclusive right is accessible on or through this Website in a way that infringes your right, please click here.

Trademarks

All trademarks, logos, service marks, trade names and trade dress that appear on this Website (collectively “Marks”) are proprietary to The Center or other respective owners that have granted The Center the right and license to use such intellectual property. You may not use any Marks without the express written permission of The Center and are prohibited from using any Marks in any manner that is likely to cause confusion among the public or in a way that would disparage The Center or any of its affiliates. You may not use any meta tags or any other “hidden text” utilizing The Center’s name or trademarks without the express written consent of The Center. You may not frame or utilize framing techniques to enclose any portion of this Website without The Center’s express written consent.

Disclaimer

The Hastings Center endeavors to publish scholarly works and research that meet the highest standards of excellence and peer-review. However, the information, services and/or products offered for sale and the materials contained in this Website, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty or conditions whatsoever. Materials published by The Center and contained in this Website may contain typographical errors or computer errors. The Center makes no representations or warranties about the accuracy, reliability, currency, timeliness or completeness of the materials. Some materials made available on this Website are the result of research and/or contribution by independent individuals or organizations. The Center makes no representations or warranties about the accuracy of any data or conclusions reported in materials contributed by independent individuals or organizations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CENTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Product Information

Price, fee and availability information for publications, subscriptions or membership to The Center (collectively “Products”) is subject to change without notice. Although The Center attempts to be as accurate as possible, we do not warrant that descriptions of Products or other content of this Website are accurate, complete, reliable, current or error-free. We are not responsible for typographical errors or computer errors. The prices displayed on this Website are quoted in US dollars. If a Product is listed at an incorrect price or with incorrect information due to typographical or computer error, The Center shall have the right to refuse or cancel any orders placed for the Product listed at the incorrect price, regardless of whether the order has been placed, confirmed, and any form of payment made.

User Submissions

This Website may contain methods for you to submit content (a “Forum”), such as message boards, discussion groups, chat areas or bulletin boards. All comments, submissions or other content (“Content”) that you provide or communicate to The Center through this Website, or that is otherwise submitted in connection with your use of this Website, and which is to be displayed in a Forum shall be and remain the property of The Center. However, you are and shall remain solely responsible for the Content you upload to, distribute through, or otherwise publish in a Forum through this Website. You grant The Center a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to use, reproduce, publicly perform, sell, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any form, medium or technology now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the Content that you communicate; that the Content is accurate and not misleading; and that use of the Content does not violate these Terms of Use. Each time you provide such Content, you represent and warrant that it does not:

(i) infringe, or cause The Center to infringe, any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
(ii) violate, or cause The Center to violate, any law, statute, ordinance or regulation of any governing jurisdiction;
(iii) constitute defamation, invasion of privacy, trade libel, harassment or “stalking”;
(iv) injure third parties;
(v) constitute “spam,” political campaigning, commercial solicitation, chain letters, mass mailings, or any other inappropriate, offensive or harassing content;
(vi) relate to any raffle, survey, contest, pyramid scheme or chain letter;
(vii) contain pornography, offensive material or any material harmful to minors; or
(viii) contain any virus, computer code, software, data, routine or other material that may damage, interfere with, impair or expropriate any of The Center’s systems software, data, functionality or any transaction being conducted through this Website.

Although you acknowledge that The Center does not regularly review or pre-screen posted Content, The Center reserves the right (but is not obligated) to remove, edit and/or monitor any Content in its sole discretion. The Center reserves the right to expel Users who do not conform to the Terms of Use and prevent such Users’ further access to this Website for violating the Terms of Use or any applicable law.

The Center does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity, age or the origin of your communications.

License and Site Access

The Center grants you a limited license to access and make personal use of this site. Other than as permitted above under the Copyright section, you may not download, copy (other than page caching) or modify this Website or any portion thereof. Your license to download and use this Website does not include any resale or commercial use of this Website or its contents, any collection or use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account or contact information for commercial purposes; or any use of data mining, robots or similar data gathering or extraction tools. Other than as permitted above under the Copyright section, neither this Website, nor any portion thereof, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The Center. Any unauthorized use or any violation of these Terms of Use immediately and automatically terminates the permission or license granted to you under these Terms of Use.

Privacy.

You agree that The Center may use and/or disclose personally identifying information consistent with our Privacy Policy.

The Center’s Electronic Communications to You

You agree that The Center is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction or for such other lawful purpose(s) as The Center deems appropriate. The use of personally identifiable information about you is subject to The Center’s Privacy Policy.

Links to Other Websites and Services

This Website may contain links to websites other than our own solely for the convenience of our visitors. You acknowledge and agree that The Center does not control the content or availability of these sites and does not endorse and is not responsible or liable for their content, advertising, products, services or other materials or their collection, maintenance or use of any personally identifiable information that they such third party websites might collect.

Limitation on Liability

IN NO EVENT SHALL THE CENTER OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THE CENTER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, RELIANCE ON OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law

You acknowledge that this Website is created and controlled by The Center in the State of New York, U.S.A. You agree that these Terms of Use, the interpretation thereof and any legal action or proceeding between You and The Center or its affiliates shall be governed by the laws of the State of New York without giving effect to any principles of conflict of law thereof and that any such legal action or proceeding shall be brought in the appropriate federal or state court in the State of New York, County of New York.

Indemnity

You agree to indemnify and hold harmless The Center, its affiliates, employees, agents and assigns from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) The Center may incur (“Losses”) insofar as such Losses arise out of, are based on or relate to: (i) your access to, conduct on, or use of this Website; or (ii) your violation of or breach of these Terms of Use, any law, statute, ordinance, regulation or the rights of any third party.

Modification

The Center reserves the right, at any time in its sole discretion, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates. Your continued use of this Website after any such modification constitutes your consent and agreement to any changes to these Terms of Use.

Miscellaneous

If any provision in these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Effective Date: 11/08/2004

Notification of Copyright Infringement Claims in Accordance with 17 U.S.C. § 512

The Hasting Center respects intellectual property ownership rights. If you believe that any copyrighted work in which you own an exclusive right is accessible on or through this website in a way that infringes your right, you may notify us by providing the following items in written communication to our designated agent at the address below:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works in the event of multiple infringements, that you claim have been infringed;
  3. Identification of the material that you claim to be infringing or to be the subject of infringing activity and information reasonably sufficient to locate the material;
  4. Information for contacting you, including your address, telephone number, and, if available, electronic mail address;
    A statement that you have a good faith belief that the claimed infringement is not authorized by the copyright owner, its agent, or the law; and
  5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

You may contact our agent designated to receive notice of claims of copyright infringement:

Designated Agent:
Greg E. Kaebnick
kaebnickg@thehastingscenter.org
The Hastings Center
21 Malcolm Gordon Rd.
Garrison, NY 10524