|
Turnitin.com (the "Site")
and its services are maintained by iParadigms, LLC ("iParadigms"), and offered
to you, the user ("You" or "User"), conditioned upon Your acceptance of the
terms, conditions, and notices contained herein without modification (the "User
Agreement"). By clicking the "I agree -- create profile" button below You: (1)
represent that You have read and understand, and have the capacity and authority
to enter into, this User Agreement; and (2) agree to be bound by all of its
terms and conditions. You should review this User Agreement carefully. If You
breach the User Agreement, Your authorization to use the Site may automatically
terminate.
Scope of Services
The Site offers certain software ("Licensed Programs"), documentation and
services, together with other content, data, images, information and other
materials (together, the "Services") which allow authorized educational
institutions ("Educational Institutions"), and teachers, instructors, professors
or other faculty members who are currently teaching a registered class
(together, "Instructors") to check enrolled students' work for possible textual
matches against Internet-available resources and iParadigms' own proprietary
database.
Ownership
The Site is owned and operated by iParadigms. iParadigms, its subsidiaries,
affiliates, licensors and/or vendors own all rights in and to the Services on or
directly accessible from the Site, all materials created by the Services,
including the format of reports evaluating textual sources ("Originality
Reports"), and all intellectual property rights related thereto. The Site is
protected by United States and international copyright and trademark laws. With
the exception of the limited license granted below, nothing contained herein
shall be construed as granting You any right, title, or interest in the Services
or any of iParadigms' intellectual property or proprietary information. Any
rights not expressly granted to You by this User Agreement or any other
agreement with iParadigms are reserved by iParadigms and/or its affiliates,
vendors and licensors.
Trademarks
iParadigms, LLC and other names of iParadigms products and/or services included
on the Site are the trademarks and service marks of iParadigms. iParadigms'
trademarks and service marks may not be used in connection with any product or
service that is not iParadigms', in any manner that is likely to cause confusion
among customers without express written permission. All other trademarks,
service marks and logos used in the Site are the trademarks, service marks or
logos of their respective owners. iParadigms does not make any claims to the
marks of others which might appear on the Site. You gain no right to use any
marks of iParadigms or any other entity by virtue of Your use of the Site.
Eligibility
Use of the Site and Services is limited to Authorized Users (as defined below)
who are eighteen (18) years of age or older or, as set forth below, who are
between 14 and 17 years of age with consent of a parent or guardian.
Authorized Users are: (i) school administrators of Educational Institutions
("School Administrators"), (ii) Instructors, and (iii) students who are properly
enrolled in a registered class at an Educational Institution ("Students").
By entering this User Agreement and in consideration for Your use of the Site,
You represent that You are an Authorized User who is over eighteen (18) years of
age and can form a binding contract. You further represent that You are not
barred from receiving the Services or using the Site under the laws of the
United States or other applicable jurisdiction. You further agree that You have
not and will not obtain access to the Site by means of a password not
specifically issued to You by iParadigms, an Instructor, or School Administrator
for a class in which you are properly enrolled.
If You are between fourteen (14) and seventeen (17) years of age or have not
reached the age of majority in your jurisdiction of residence (together, "Not of
Majority Age"), You may not enter the Site except with the supervision and
permission of a parent or legal guardian. If You are Not of Majority Age, You
must have a parent or legal guardian review and agree to this User Agreement by
clicking the "I agree -- Create Profile" button below.
If You are thirteen (13) years of age or younger and You are enrolled in a class
that requires You to submit papers to the Site, please talk to Your parents and
teachers to have them arrange for submission of the paper for review.
License
iParadigms hereby grants You a non-transferable, non-exclusive license to use
the Services and Site, solely for non-commercial use. You agree to use the Site
and Services only as follows: (i) if You are a School Administrator, only in
connection with registered classes offered through Your Educational Institution,
(ii) if You are an Instructor, only in connection with registered classes You
are currently teaching, or (iii) if You are a Student, only in connection with a
registered class in which You are enrolled. No other license is granted by
implication, estoppel or otherwise.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, Licensed Programs or Services from the Site without the prior
written consent of iParadigms, except that You may download content from the
Site to any single computer solely for purposes authorized by this User
Agreement, provided You keep intact all copyright, trademark, and other
proprietary notices. You may not market, rent, lease, or re-license the Licensed
Programs or Services, or use the Licensed Programs or Services for third party
commercial use, commercial timesharing, or service bureau use.
You further agree not to cause or permit the disassembly, decompilation,
recompilation, or reverse engineering of any Licensed Program or technology
underlying the Site. In jurisdictions where a right to reverse engineer is
provided by law unless information is available about products in order to
achieve interoperability, functional compatibility, or similar objectives, You
agree to submit a detailed written proposal to iParadigms concerning any
information You need for such purposes before engaging in reverse engineering.
Except as provided in this User Agreement, any use of any Licensed Program or
the Services on any other Web site or networked computer environment for any
purpose is prohibited.
The Site is controlled and operated by iParadigms from its offices within the
State of California, United States of America. iParadigms makes no
representation that materials in the Site are appropriate or available for use
in other locations. Those who choose to access the Site from other locations do
so on their own initiative and at their own risk and are responsible for
compliance with applicable laws. Any Licensed Program or Services are further
subject to United States export controls and, potentially, the import laws of
Your jurisdiction. No Licensed Program or Services may be downloaded or
otherwise exported or re-exported to any person or entity on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders or otherwise prohibited by United States
export control laws. By downloading or otherwise using any Licensed Programs or
Services in any manner whatsoever, You represent and warrant that You are not on
any such list or located in, under the control of, or a national or resident of
any such country. Any use of the Licensed Programs or the Services by the U.S.
Government, including but not limited to any Educational Institutions under its
jurisdiction or under the corresponding States' jurisdiction, is subject to
'restricted rights' as that term is defined in FAR 52.227-19(c)(2) or DFAR
252.227.7013(c)(1) (if used in a defense related agency).
As a condition of Your use of the Site and the Services, You warrant to
iParadigms that You will not use the Site for any purpose that is unlawful or
prohibited by this User Agreement.
Registration, Password and
Class Identification Security
In consideration of Your use of the Site, You agree to provide accurate, current
and complete information about You as may be prompted by any registration forms
on the Site ("Registration Data") and update the Registration Data as required
to keep it accurate, current and complete.
If You are a School Administrator, You agree (i) to provide account or class
identification numbers and passwords only to Instructors, (ii) not to rent,
lease or provide access to or benefits from the Services to any other
institution, entity or individual, and (iii) not to make statements that Your
Educational Institution is using the Services in connection with a particular
class when the relevant class is not registered.
If You are an Instructor, You agree (i) to provide class identification numbers
and passwords only to Students properly enrolled in the relevant registered
class, and (ii) not to make statements that Your class is using the Services
when such class is not registered.
If You are a student, You warrant and represent that (i) You are enrolled in the
class for which You have been provided an identification number and password,
and (ii) the password with which You are entering the Site is Your own which has
been specifically issued to you by iParadigms, or an Instructor or School
Administrator.
You are entirely responsible for maintaining the confidentiality of Your
password and you agree not to share Your password with any other person, whether
directly or indirectly. You agree to use reasonable efforts to retain the
confidentiality of class identification numbers and passwords. In no
circumstance shall You transmit or make Your password or class identification
number or any other passwords for the Site or class identification numbers
available in any public forum, including, but not limited to any web page, blog,
advertisement or other posting on the Internet, any public bulletin board, and
any file that is accessible in a peer-to-peer network. You agree not to use the
class identification number or password of a class for which You are not
presently enrolled or teaching to access the Site. You agree to notify
iParadigms immediately if You suspect any unauthorized use of Your account or
access to Your password or class identification number. You are solely
responsible for any and all use of Your account.
In connection with the Service, iParadigms may make available to User, or
Customer may separately license, certain third party products (collectively, the
"Third Party Products"). Except as otherwise provided in the third party
licensor's license agreement, if any, accompanying the Third Party Products,
Customer shall have a limited, non-transferable (except to a successor entity),
non-exclusive license to use the Third Party Products solely in connection with
the Services. EXCEPT AS OTHERWISE PROVIDED IN THE THIRD PARTY LICENSOR'S LICENSE
AGREEMENT, IF ANY, ACCOMPANYING THE THIRD PARTY PRODUCTS, THE THIRD PARTY
PRODUCTS ARE PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND AND IPARADIGMS AND
THE THIRD PARTY LICENSOR DISCLAIM ALL WARRANTIES WITH RESPECT TO THE THIRD PARTY
PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL IPARADIGMS OR THE THIRD PARTY LICENSOR BE LIABLE TO CUSTOMER OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY PRODUCTS, EVEN
IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Termination
iParadigms may, in its sole discretion, suspend or terminate Your access to the
Site to (i) prevent damages to, or degradation of, the Services; (ii) comply
with any law, regulation, court order, or other governmental request; (iii)
otherwise protect iParadigms from potential legal liability; or (iv) address a
breach of this User Agreement. iParadigms shall use reasonable efforts to
provide You with notice prior to or promptly following any suspension of access
to the Site. In its sole discretion, iParadigms shall restore access to the Site
within a reasonable time period after the event giving rise to suspension has
been resolved to iParadigms' satisfaction.
Originality Reports
If You are a School Administrator or Instructor, You agree to maintain any of
iParadigms' notices (including legal notices relating to iParadigms' proprietary
rights (e.g., copyright and trademark notices) and disclaimers on Originality
Reports. You further agree to exercise Your independent professional judgment
in, and to assume sole and exclusive responsibility for, determining the actual
existence of plagiarism in a submitted paper with the acknowledgement and
understanding that the Originality Reports are only tools for detecting textual
similarities between compared works and do not determine conclusively the
existence of plagiarism, which determination is a matter of professional
judgment of the Instructor and Institution. Any disclosure of an Originality
Report to any third party is at Your own risk.
Communications
Unless otherwise indicated in the Site, including our Privacy Policy
(http://www.turnitin.com/static/legal/privacy_pledge.html), any communications
or material of any kind that You e-mail, post, or transmit through the Site
(excluding personally identifiable Registration Data of Students, any papers
submitted to the Site, and grades and assessment related information),
including, questions, comments, suggestions, and other data and information
(Your "Communications") will be treated as non-confidential and non-proprietary.
iParadigms may, but is not obligated to, monitor or review any areas of the Site
where user Communications may be made available, including, but not limited to,
chat rooms, bulletin boards, and other user forums. Communications submitted by
users do not necessarily represent the view or opinions of iParadigms.
iParadigms does not preview user Communications before they appear on the Site.
iParadigms will have no liability related to the content of any such
Communications, whether or not arising under the laws of copyright, defamation,
privacy, obscenity, or otherwise. iParadigms retains the right to remove, in its
sole discretion, Communications that include any material deemed abusive,
defamatory, obscene, or otherwise inappropriate.
Acceptable Use Policy
You may not transmit any Communications on or through the Site that (a)
restricts any other user's enjoyment of the Site, (b) is unlawful, threatening,
abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c)
constitutes or encourages criminal conduct, gives rise to civil liability, or
otherwise violates any law, (d) violates or infringes the rights of any third
party including, without limitation, patent, copyright, trademark, privacy or
any other proprietary right, (e) contains a virus or other harmful component, or
(f) contains false or misleading indications of origin or statements of fact.
iParadigms reserves the right, but shall have no obligation to edit or remove
any Communication, in whole or in part, that in iParadigms' sole discretion is
objectionable, disruptive to the Site or in violation of this User Agreement.
iParadigms reserves the right to immediately suspend Your access to the Site in
the event of any violation of this provision.
You may not frame or utilize framing techniques to use, surround or enclose any
portion of the Site without iParadigms' express written consent.
License to Use
Communications and Papers Submitted
You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide,
irrevocable license to reproduce, transmit, display, disclose, archive and
otherwise use Your Communications on the Site or elsewhere for our business
purposes. iParadigms is free to use any ideas, concepts, techniques, know-how or
information in Your Communications for any purpose, including, but not limited
to, the development and use of products and services based on the
Communications. This license does not include any right to use ideas set
forth in papers submitted to the site. Please note that papers submitted to
the Site are not read or reviewed by any individuals, but rather are only
analyzed using the Licensed Programs. However, nothing herein shall preclude
iParadigms from using information independently created by iParadigms.
With regard to papers submitted to the Site, You hereby grant iParadigms a
non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to
reproduce, transmit, display, disclose, archive and otherwise use in connection
with its Services any paper You submit to the Site whether or not originally
submitted in connection with a specific class. This license shall survive the
termination of the User Agreement. Any cessation of use of the Site shall not
result in the termination of any license You grant herein to iParadigms.
Procedure for Making Claims
of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)
("DMCA"), iParadigms is registered with the United States Copyright Office as a
Service Provider. Any notifications of claimed copyright infringement must be
sent to our Copyright Agent:
John Barrie, CEO
c/o IParadigms
1624 Franklin Street, 7th Floor
Oakland, CA 94612
Telephone 510-287-9720
Email: legal@iparadigms.com
iParadigms respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied by a third party and
posted to the Site in a way that constitutes copyright infringement, please
provide iParadigms' Copyright Agent the following information:
1.
An electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2.
A description
of the copyrighted work that You claim has been infringed;
3.
A description
of where the material that You claim is infringing is located on the Site;
4.
Your address,
telephone number, and email address;
5.
A statement
by You that You have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
6.
A statement
by You, made under penalty of perjury, that the above information in Your
Notice is accurate and that You are the copyright owner or authorized to act on
the copyright owner's behalf.
If You materially
misrepresent material on the Site as infringing, when it is not, or when You are
not the lawful copyright holder, You may be liable for damages, including court
costs and attorneys fees.
You hereby acknowledge that the DMCA notice does not cover a circumstance in
which a paper or other Communication You submitted has been archived on the
Site. You agree not to submit a DMCA notice claiming direct infringement by
iParadigms. iParadigms will not respond to such notices.
Privacy
By entering this User Agreement, You further represent that You have read and
understand the Privacy Policy (set forth at:
http://www.turnitin.com/static/legal/privacy_pledge.html) and agree to its
terms.
Warranty Disclaimer
THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE
PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". IPARADIGMS DOES NOT
WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR
COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. IPARADIGMS DOES
NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES OR LICENSED
PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IPARADIGMS DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION,
MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE
THAT IPARADIGMS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES,
WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II)
UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE
USER'S DATA, COMPUTERS, OR NETWORKS. IPARADIGMS SHALL NOT BE RESPONSIBLE FOR
SUCH ACTIVITIES.
Due to routine maintenance, updates or other technical reasons, the Site and the
Services may be temporarily unavailable from time to time. iParadigms assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of any paper submitted by You or any User
Communications. iParadigms is not responsible for any technical malfunction or
other problems of any telephone network or service, computer systems, servers or
providers, computer or mobile phone equipment, software, failure of email or
players on account of technical problems or traffic congestion on the Internet
or at any Site or combination thereof, including injury or damage to any
Authorized User's or to any other person's computer, mobile phone, or other
hardware or software, related to or resulting from using or downloading
materials in connection with the Site and/or in connection with the Services.
Under no circumstances will iParadigms be responsible for any loss or damage,
including any loss or damage to any of Your content or personal injury or death,
resulting from anyone's use of the Site or the Services, or any Communications
whether online or offline.
Limitation of Liability
NEITHER IPARADIGMS, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY
THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST
PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE
SITE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN
IF IPARADIGMS, ITS AFFILIATES OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT
IT IS PROHIBITED BY LAW.
IF YOU ARE AN EDUCATIONAL INSTITUTION OR INSTRUCTOR, YOU AGREE
THAT REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, IN NO
EVENT WILL IPARADIGMS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR
LICENSORS, BE LIABLE FOR: (I) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN
RELIANCE UPON ANY ORIGINALITY REPORT OR ANY OTHER INFORMATION PROVIDED THROUGH
THE SERVICES; (II) FOR ANY LIABILITY ARISING FROM YOUR DISCLOSURE OF AN
ORIGINALITY REPORT TO ANY THIRD PARTY.
Sole Remedies
IF YOU ARE A STUDENT OR INSTRUCTOR, YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR HYPERLINKED WEB SITES IS TO
STOP USING THE SITE AND/OR THOSE SERVICES.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS USER AGREEMENT, IF YOU ARE AN
EDUCATIONAL INSTITUTION, IPARADIGMS AND ITS AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS OR LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THIS
USER AGREEMENT AND THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL
NOT EXCEED THE AMOUNTS, IF ANY, PAID TO IPARADIGMS BY YOU FOR THE SERVICES
DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO
LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS
IPARADIGMS' LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO INJUNCTIVE RELIEF
WITH REGARD TO THE USE OR ARCHIVING OF ANY PAPER SUBMITTED TO THE SITE.
Indemnification
You agree to indemnify, defend and hold harmless, iParadigms, its affiliates,
officers, directors, employees, agents and licensors, from any claims, losses,
damages, deficiencies, liabilities, costs and expenses (including attorneys'
fees and costs) arising from Your (a) use of the Site or the Services, (b)
violation of any third party's rights, or (c) breach of this User Agreement. For
clarity, this indemnification applies both to direct claims between You and
iParadigms and third-party claims. You agree to cooperate as reasonably required
in the defense of any claim. iParadigms reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification under this section and, in any event, You agree not to settle
any such matter without the prior written consent of iParadigms. Your obligation
to defend and indemnify iParadigms survives the termination of this User
Agreement and Your use of the Site.
External Hyperlinks from
the Site
The Site contains hyperlinks to third party Web sites. External hyperlinks to or
from the Site do not constitute iParadigms' endorsement of, affiliation with, or
recommendation of any third party or its Web site, products, resources or other
information. iParadigms is not responsible for any software, data or other
information available from any third party Web site. You are solely responsible
for complying with all terms and conditions of use for the third party sites.
You acknowledge that iParadigms shall have no liability for any damage or loss
arising from Your access to, use of or reliance on any third party Web site,
software, data, or other information.
Modification of these terms
and conditions
iParadigms, LLC reserves the right to change the terms, conditions, and notices
under which the Site is offered.
General
This User Agreement is governed by the laws of the State of California, U.S.A.
You hereby consent to the exclusive jurisdiction and venue of state and federal
courts in Alameda County, California, U.S.A., in all disputes arising out of or
relating to the use of the Site or the Services. You agree not to use the Site
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship
exists between You and iParadigms, LLC as a result of this User Agreement or use
of the Site or the Services.
iParadigms' performance of this User Agreement is subject to existing laws and
legal process, and nothing contained in this User Agreement is in derogation of
iParadigms' right to comply with law enforcement requests or requirements
relating to Your use of the Site or the Services or information provided to or
gathered by iParadigms' with respect to such use.
You agree that any claim or cause of action arising out of or related to the
Site or the Services must be commenced within one (1) year after the cause of
action arose. Otherwise, such claim or cause of action is barred forever.
If any part of this User Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision; the
remainder of the User Agreement shall continue in effect.
If You are an institution, the terms of the User Agreement are in addition to
those contained in any written registration agreement You may have with
iParadigms, LLC (each, a "Registration Agreement"). In the event of a conflict
between this User Agreement and any such separate Registration Agreement, the
terms of the Registration Agreement shall govern. Except in the event that You
have entered into a Registration Agreement with iParadigms, this User Agreement
constitutes the entire agreement between the user and iParadigms' with respect
to usage of the Site and the Services and it supersedes all prior communications
and proposals, whether electronic, oral, or written, between the user and
iParadigms' with respect to usage of the Site or the Services. A printed version
of this User Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
the User agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.
|