User Agreements

We have two User Agreements. Our Terms and Conditions of Use apply to users of our Web site who do not subscribe to our online research service. Our Subscriber Agreements apply to those users who do subscribe to or register with our online research service. We have two Subscriber Agreements - one for subscribers residing in the United States (including territories of the United States) , and one for subscribers residing in all other countries. The Subscriber Agreement applicable to you depends on where you reside.

TERMS AND CONDITIONS OF USE

(Last Updated: April 2012)

NOTICE TO USER: The following specifies the terms and conditions on which Questia offers you access to our Web site. You agree to these terms and conditions by using this site. Please read these terms carefully before using this site.

1. Welcome to the Questia website!

The Questia website is provided by Questia Media America, Inc. ("Questia"). Our address is 1 North State Street, Suite 900, Chicago, IL 60602, USA. You (also referred to as "User") may contact us through our Contact us Web page.

2. Acceptance of terms and conditions through use

By using this site, you signify your agreement to all of the terms, conditions, and notices contained or referenced herein ("Terms and Conditions"). Questia reserves the right to update or revise the Terms and Conditions at any time, provided, however, that Paragraph 11. Arbitration and Dispute Resolution can not be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

3. Privacy

Please review our privacy policy which applies to your use of this site and is part of these Terms and Conditions.

4. Permitted Use

You may use the Questia website for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.

5. Restrictions on Use

You agree to use this site for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.

You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right - the burden of determining that any material is not protected by copyright rests with you.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our Web site. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on Questia in an automated fashion. Should your account generate an excessive number of page hits in a given period, your account may be automatically frozen and will be subject to review. You agree not to save the content available on Questia on your hard drive or other storage device for viewing offline unless you have purchased the right to do so through Questia or Questia has otherwise given you permission to do so. You understand that such actions may subject you to serious civil and criminal legal penalties and that Questia may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors, and its other licensors.

For persons living outside the United States, notwithstanding the foregoing, if the laws of your jurisdiction clearly and specifically give you the right to decompile code, contents or materials to obtain information necessary to render such information interoperable with other software, you may be able to do so provided, however, that you must first request such information from Questia (see our Contact us Web page) and Questia may, in its sole discretion, provide such information to you or impose reasonable restrictions, including a reasonable fee, on such use of this site, to ensure that Questia and its licensors' proprietary rights in the service are protected.

6. Plagiarism and Commercial Use Prohibited

You agree not to misuse our Web site to plagiarize or represent the work of others as your own. You may not make any commercial use of this Web site, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or academic research.

7. Trademarks, Copyrights and Other Intellectual Property Rights

You acknowledge and agree that all content and services available on this site are property of Questia Media America, Inc. and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. QuestiaSM is a service mark of Questia and its affiliates.

8. Third Party Content and Links to Third Party Sites

Questia is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, Questia has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of Questia. Questia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our Web site.

Third party sites linked to or from our Web site are not controlled by us. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.

9. Content posted by users to Questia

Notes, comments, reviews, and other types of content posted by users on Questia.com may be used throughout our service. By posting content to Questia, you grant (and you represent and warrant that you have the right to grant) Questia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-transferable and sublicenseable right to display, use, analyze, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.

Any postings made by users to Questia.com are "non-exclusive" which means you can post the same content elsewhere.

10. Participating in Discussions, Reviews, and Note Sharing.

Questia reminds all users to employ common sense when posting material and to keep their posts in the spirit of Questia's mission to offer a worldwide forum for scholarly discussion. Please be polite and respectful of other users.

The following things are against the rules:

  1. Do not make personal attacks.
  2. Do not use Questia as an advertising medium. Commercial or any other form of solicitation is forbidden.
  3. Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact Customer Service.
  4. Questia may not be used for any illegal activity.
  5. Users may not use Questia to injure, threaten, stalk or harass someone.
  6. Do not post inappropriate material.
  7. Your username and other details may not be calculated to impersonate someone or some organization.

How to deal with abuse:

  1. If you come across an abusive post, click the "report abuse" link.
  2. Please do not flag posts as "abuse" simply because you disagree with what is said—that's not abuse, it's a difference of opinion. We welcome differences of opinion.
  3. Remember that Questia is public space; don't say anything to others that you wouldn't want a room full of people to overhear.

11. Questia monitoring

Questia will be the sole arbiter of what is or is not considered abuse of these polices and we retain the right to delete abusive or unconstructive posts at any time. Users who abuse the community features may have them turned off or have their accounts terminated.

12. Quality and Accuracy of Digitized Titles

We are committed to ensuring that electronic versions of titles in our service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the service. (See paragraph 13. Disclaimer of Warranties and Limitation of Liability below.)

13. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER QUESTIA, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

IN NO EVENT WILL QUESTIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUESTIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.

THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Questia IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

14. Arbitration and Dispute Resolution

THE PARTIES MUTUALLY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN HOUSTON, TEXAS, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ANY SUCH ARBITRATION SHALL BE CONDUCTED IN A MANNER DESIGNED TO PROVIDE YOU FAIR AND TIMELY REDRESS WITHOUT UNDUE COST OR BURDEN. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CANNOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.

15. Indemnification

You agree to defend, indemnify and hold harmless Questia, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.

16. Notices by Email

You agree that we may send you administrative notices and otherwise communicate with you about this Agreement by email. You agree to update your account information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.

17. Access Outside the United States

Questia does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.

18. Miscellaneous

You agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and Questia or its affiliates.

YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.

If any term of this Agreement is deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.

No waiver by Questia of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.

This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.

The section headings used herein are for convenience only and shall not be given any legal import.

SUBSCRIBER AGREEMENT

For Subscribers and Registered Users Residing in the United States
(including territories of the United States)
(Last Updated April 2012)

NOTICE TO SUBSCRIBER: The following specifies the terms and conditions on which Questia offers you access to our service. Please read the terms of this Agreement carefully before using the service.

1. Welcome to the Questia Service!

The Questia research Web site, content, bulletin boards, and other online and computer services (collectively, the "service") are provided by Questia Media International, Ltd. ("Questia"). Our address 1 North State Street, Suite 900, Chicago, IL 60602, USA. You (also referred to as "user") may contact us through our Contact us Web page.

Questia provides its service, as it may exist from time to time, to users who register. We reserve the right to discontinue the service, or any portion of the service, at any time, provided we comply with the other provisions of this Agreement (e.g. lifetime subscriptions).

Questia reserves the right to update or revise this Agreement at any time, provided, however, that Paragraph 2. Subscription Billing, Termination, and Cancellation cannot be changed to eliminate the refund required to be paid to lifetime subscribers and, Paragraph 14. Arbitration and Dispute Resolution cannot be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Please check this Agreement periodically for changes. Your continued use of the service following the posting of any changes to this Agreement constitutes acceptance of those changes.

2. Subscription Billing, Termination, and Cancellation

Subscriptions You Purchase:

You agree to pay all fees in effect when incurred, plus applicable taxes or other charges. Fees and charges are non-refundable.

Questia is required to collect VAT from residents of the EU.

Our policy is to bill you for your subscription in advance at the time of purchase. Questia subscriptions, with the exception of the Lifetime Subscriptions, automatically renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you, or unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.

If you wish to cancel your subscription, please contact Customer Service. Cancellation of subscriptions will take effect at the end of the current billing period and will not result in a refund.

Lifetime Subscriptions:

Questia offers lifetime subscriptions, which will remain active for the life of the person who purchased the subscription, or in the case of a gift purchase, for the life of the person for whom the subscription was purchased. Terms of lifetime subscriptions are subject to additional conditions as outlined in this section.

Lifetime subscribers are guaranteed at least 5 years (60 months) of access to Questia. However, in the event Questia discontinues the service or ceases to do business, or in the event of an acquisition of Questia, change of control of Questia, significant merger, or other legal reorganization, Questia may terminate lifetime subscriptions by returning your purchase price less an amount computed by multiplying your purchase price by a fraction, the numerator of which is the number of complete months since your purchase of the lifetime subscription and the denominator of which is 60. If Questia terminates your account because of a violation of our terms of service, Questia will not refund any portion of your subscription price. Questia may introduce additional services from time to time, which may be excluded from an existing lifetime subscription without additional cost.

If your Questia lifetime subscription account has no activity for a period of 5 years we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional 1-year, at which point we will delete your data. Activity is defined as a login to the Questia service.

You can cancel your lifetime subscription, however cancellation of a Questia lifetime subscription will not result in a refund.

Subscriptions Purchased for You by Others:

You will not be billed by us. If you wish to cancel your subscription, please contact Customer Service. Cancellation will not result in a refund.

Free Trial Subscriptions:

Free trial subscriptions that require a valid credit card to commence will normally convert to recurring subscriptions at the end of the free trial period unless you cancel prior to the end of the free trial period. If you wish to cancel your trial subscription, please, contact Customer Service. Cancellation after the end of the trial period will not result in a refund.

Terms Applicable to all Subscriptions:

Questia reserves the right to terminate this Agreement without notice if you violate its terms or conditions, if a charge to your credit card or other payment method is declined, or if your subscription expires.

On termination or cancellation of your subscription, any files you have stored in your Questia account may be removed at Questia's discretion. You should ensure you have copied any files you wish to keep prior to the end of your subscription.

Questia may engage the use of a third party payment processing service provider in order to facilitate the payment of User subscriptions. In the event Questia utilizes a third party payment processor to process subscriber payments, such use of a third party in no way constitutes an agreement between the User and the third party payment processor. The agreement is between the User and Questia and the third party processor shall not be liable for any loss or damage arising out of such agreement.

3. Privacy

Please review our privacy policy, which applies to your use of the service and is part of this Agreement.

4. Maintaining Your Account Information

You agree to use your account page to review and update the information you submitted during registration if it changes. Specifically, you agree to review and update your: email address, name, address, city, state/province, postal code, country, phone number(s), and payment information (e.g., credit card number and expiration date).

5. Permitted Use

You may use the Questia research service for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.

6. Restrictions on Use

Your access to this service is controlled by your username and password. You agree not to share your password with anyone else. If you know, or suspect, someone else has gained knowledge of your password, you must go to your account information page to reset it.

You agree to use this service for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

You agree not to upload, post or otherwise make available on this service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right -- the burden of determining that any material is not protected by copyright rests with you.

You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without Questia's prior written consent. Further, you agree not to use this service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our service. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on Questia in an automated fashion. You agree not to save the content available on Questia on your hard drive or other storage device for viewing offline. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Questia may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.

7. Plagiarism and Commercial Use Prohibited

You agree not to misuse our research service to plagiarize or represent the work of others as your own. You may not make any commercial use of this service, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or academic research.

8. Trademarks, Copyrights, and Other Intellectual Property Rights

You acknowledge and agree that all content and services available on this service are property of Questia Media America, Inc. and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of Questia or the proprietary right owner.

9. Copyright Notice and Complaint Procedure

Questia respects the intellectual property rights of all individuals, businesses, and organizations. Before we make any content available to our users, we investigate the legal status of that material and obtain what our investigations indicate are the necessary copyrights. If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, please follow our Copyright Notice and Complaint Procedure.

10. Third Party Content and Links to Third Party Sites

Questia is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, Questia has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of Questia. Questia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our service.

We do not control third party sites linked to or from our service. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.

11. Content posted by users to Questia

Notes, comments, reviews, and other types of content posted by users on Questia.com may be used throughout our service. By posting content to Questia, you grant (and you represent and warrant that you have the right to grant) Questia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-transferable and sublicenseable right to display, use, analyze, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.

Any postings made by users to Questia.com are "non-exclusive" which means you can post the same content elsewhere.

12. Participating in Discussions, Reviews, and Note Sharing.

Questia reminds all users to employ common sense when posting material and to keep their posts in the spirit of Questia's mission to offer a worldwide forum for scholarly discussion. Please be polite and respectful of other users.

The following things are against the rules:

  1. Do not make personal attacks.
  2. Do not use Questia as an advertising medium. Commercial or any other form of solicitation is forbidden.
  3. Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact Customer Service.
  4. Questia may not be used for any illegal activity.
  5. Users may not use Questia to injure, threaten, stalk or harass someone.
  6. Do not post inappropriate material.
  7. Your username and other details may not be calculated to impersonate someone or some organization.

How to deal with abuse:

  1. If you come across an abusive post, click the "report abuse" link.
  2. Please do not flag posts as "abuse" simply because you disagree with what is said—that's not abuse, it's a difference of opinion. We welcome differences of opinion.
  3. Remember that Questia is public space; don't say anything to others that you wouldn't want a room full of people to overhear.

13. Questia monitoring

Questia will be the sole arbiter of what is or is not considered abuse of these polices and we retain the right to delete abusive or unconstructive posts at any time. Users who abuse the community features may have them turned off or have their accounts terminated.

14. Quality and Accuracy of Digitized Titles

We are committed to ensuring that electronic versions of titles in our service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the service. (See paragraph 15. Disclaimer of Warranties and Limitation of Liability below.)

15. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER QUESTIA, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL QUESTIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUESTIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.

THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT QUESTIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

16. Arbitration and Dispute Resolution

THE PARTIES MUTUALLY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN HOUSTON, TEXAS, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CANNOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.

17. Indemnification

You agree to defend, indemnify and hold harmless Questia, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.

18. Notices by Email

You agree that we may send you administrative notices and otherwise communicate with you about this Agreement by email. You agree to update your account information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.

19. Access Outside the United States

Questia does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.

20. Miscellaneous

You agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and Questia or its affiliates. You further agree that any controversy or claim that may arise between us shall be resolved in Houston, Texas.

YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.

If any term of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.

No waiver by Questia of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.

This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.

The section headings used herein are for convenience only and shall not be given any legal import.

SUBSCRIBER AGREEMENT

For Subscribers and Registered Users Residing in Countries
Other than the United States and its Territories
(Last Updated April 2012)

NOTICE TO SUBSCRIBER:The following specifies the terms and conditions on which Questia offers you access to our service.Please read the terms of this Agreement carefully before using the service.

1. Welcome to the Questia Service!

The Questia research Web site, content, bulletin boards, and other online and computer services (collectively, the "service") are provided by Questia Media International, Ltd. ("Questia"). Our address is 1 North State Street, Suite 900, Chicago, IL 60602, USA. You (also referred to as "user") may contact us through our Contact us Web page.

Questia provides its service, as it may exist from time to time, to users who register. We reserve the right to discontinue the service, or any portion of the service, at any time, provided we comply with the other provisions of this Agreement (e.g. lifetime subscriptions).

Questia reserves the right to update or revise this Agreement at any time, provided, however, that Paragraph 2. Subscription Billing, Termination, and Cancellation cannot be changed to eliminate the refund required to be paid to lifetime subscribers and, Paragraph 14. Arbitration and Dispute Resolution cannot be changed to eliminate our agreement to settle any claim or controversy exclusively by arbitration. Please check this Agreement periodically for changes. Your continued use of the service following the posting of any changes to this Agreement constitutes acceptance of those changes.

2. Subscription Billing, Termination, and Cancellation

Subscriptions You Purchase:

You agree to pay all fees in effect when incurred, plus applicable taxes or other charges. Fees and charges are non-refundable.

Questia is required to collect VAT from residents of the EU.

Our policy is to bill you for your subscription in advance at the time of purchase. Questia subscriptions, with the exception of the Lifetime Subscriptions, automatically renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you, or unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.

If you wish to cancel your subscription, please contact Customer Service. Cancellation of subscriptions will take effect at the end of the current billing period and will not result in a refund.

Lifetime Subscriptions:

Questia offers lifetime subscriptions, which will remain active for the life of the person who purchased the subscription, or in the case of a gift purchase, for the life of the person for whom the subscription was purchased. Terms of lifetime subscriptions are subject to additional conditions as outlined in this section.

Lifetime subscribers are guaranteed at least 5 years (60 months) of access to Questia. However, in the event Questia discontinues the service or ceases to do business, or in the event of an acquisition of Questia, change of control of Questia, significant merger, or other legal reorganization, Questia may terminate lifetime subscriptions by returning your purchase price less an amount computed by multiplying your purchase price by a fraction, the numerator of which is the number of complete months since your purchase of the lifetime subscription and the denominator of which is 60. If Questia terminates your account because of a violation of our terms of service, Questia will not refund any portion of your subscription price. Questia may introduce additional services from time to time, which may be excluded from an existing lifetime subscription without additional cost.

If your Questia lifetime subscription account has no activity for a period of 5 years we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional 1-year, at which point we will delete your data. Activity is defined as a login to the Questia service.

You can cancel your lifetime subscription, however cancellation of a Questia lifetime subscription will not result in a refund.

Subscriptions Purchased for You by Others:

You will not be billed by us. If you wish to cancel your subscription, please contact Customer Service. Cancellation will not result in a refund.

Free Trial Subscriptions:

Free trial subscriptions that require a valid credit card to commence will normally convert to recurring subscriptions at the end of the free trial period unless you cancel prior to the end of the free trial period. If you wish to cancel your trial subscription, please, contact Customer Service. Cancellation after the end of the trial period will not result in a refund.

Terms Applicable to all Subscriptions:

Questia reserves the right to terminate this Agreement without notice if you violate its terms or conditions, if a charge to your credit card or other payment method is declined, or if your subscription expires.

On termination or cancellation of your subscription, any files you have stored in your Questia account may be removed at Questia's discretion. You should ensure you have copied any files you wish to keep prior to the end of your subscription.

Questia may engage the use of a third party payment processing service provider in order to facilitate the payment of User subscriptions. In the event Questia utilizes a third party payment processor to process subscriber payments, such use of a third party in no way constitutes an agreement between the User and the third party payment processor. The agreement is between the User and Questia and the third party processor shall not be liable for any loss or damage arising out of such agreement.

3. Privacy

Please review our privacy policy, which applies to your use of the service and is part of this Agreement.

4. Maintaining Your Account Information

You agree to use your account page to review and update the information you submitted during registration if it changes. Specifically, you agree to review and update your: email address, name, address, city, state/province, postal code, country, phone number(s), and payment information (e.g., credit card number and expiration date).

5. Permitted Use

You may use the Questia research service for your personal or academic research activities. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any commercial use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.

6. Restrictions on Use

Your access to this service is controlled by your username and password. You agree not to share your password with anyone else. If you know, or suspect, someone else has gained knowledge of your password, you must go to your account information page to reset it.

You agree to use this service for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

You agree not to upload, post or otherwise make available on this service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right -- the burden of determining that any material is not protected by copyright rests with you.

You agree not to post or transmit through our site any material that contains advertising or any solicitation with respect to products or services without Questia's prior written consent. Further, you agree not to use this service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our service. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on Questia in an automated fashion. You agree not to save the content available on Questia on your hard drive or other storage device for viewing offline. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Questia may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors and its other licensors.

For persons residing outside the United States, notwithstanding the foregoing, if the laws of your jurisdiction clearly and specifically give you the right to decompile code, contents or materials to obtain information necessary to render such information interoperable with other software, you may be able to do so provided, however, that you must first request such information from Questia (see contact us) and Questia may, in its sole discretion, provide such information to you or impose reasonable restrictions, including a reasonable fee, on such use of this service, to ensure that Questia and its licensors' proprietary rights in the service are protected.

7. Plagiarism and Commercial Use Prohibited

You agree not to misuse our research service to plagiarize or represent the work of others as your own. You may not make any commercial use of this service, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or academic research.

8. Trademarks, Copyrights, and Other Intellectual Property Rights

You acknowledge and agree that all content and services available on this service are property of Questia Media International, Ltd. and its licensors and suppliers and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of Questia or the proprietary right owner.

9. Copyright Notice and Complaint Procedure

Questia respects the intellectual property rights of all individuals, businesses, and organizations. Before we make any content available to our users, we investigate the legal status of that material and obtain what our investigations indicate are the necessary copyrights. If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, please follow our Copyright Notice and Complaint Procedure.

10. Third Party Content and Links to Third Party Sites

Questia is a secondary provider (and not a publisher) of content supplied by third parties (Licensors). Accordingly, Questia has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of Questia. Questia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our service.

We do not control third party sites linked to or from our service. We are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.

11. Content posted by users to Questia

Notes, comments, reviews, and other types of content posted by users on Questia.com may be used throughout our service. By posting content to Questia, you grant (and you represent and warrant that you have the right to grant) Questia a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-transferable and sublicenseable right to display, use, analyze, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.

Any postings made by users to Questia.com are "non-exclusive" which means you can post the same content elsewhere.

12. Participating in Discussions, Reviews, and Note Sharing.

Questia reminds all users to employ common sense when posting material and to keep their posts in the spirit of Questia's mission to offer a worldwide forum for scholarly discussion. Please be polite and respectful of other users.

The following things are against the rules:

  1. Do not make personal attacks.
  2. Do not use Questia as an advertising medium. Commercial or any other form of solicitation is forbidden.
  3. Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact Customer Service.
  4. Questia may not be used for any illegal activity.
  5. Users may not use Questia to injure, threaten, stalk or harass someone.
  6. Do not post inappropriate material.
  7. Your username and other details may not be calculated to impersonate someone or some organization.

How to deal with abuse:

  1. If you come across an abusive post, click the "report abuse" link.
  2. Please do not flag posts as "abuse" simply because you disagree with what is said—that's not abuse, it's a difference of opinion. We welcome differences of opinion.
  3. Remember that Questia is public space; don't say anything to others that you wouldn't want a room full of people to overhear.

13. Questia monitoring

Questia will be the sole arbiter of what is or is not considered abuse of these polices and we retain the right to delete abusive or unconstructive posts at any time. Users who abuse the community features may have them turned off or have their accounts terminated.

14. Quality and Accuracy of Digitized Titles

We are committed to ensuring that electronic versions of titles in our service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the service. (See paragraph 15. Disclaimer of Warranties and Limitation of Liability below.)

15. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER QUESTIA, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL QUESTIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUESTIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.

THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Questia IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

16. Arbitration and Dispute Resolution

THE PARTIES MUTUALLY AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, SHALL BE EXCLUSIVELY SETTLED BY ARBITRATION IN HOUSTON, TEXAS, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ANY SUCH ARBITRATION SHALL BE CONDUCTED IN A MANNER DESIGNED TO PROVIDE YOU FAIR AND TIMELY REDRESS WITHOUT UNDUE COST OR BURDEN. YOU AGREE THAT ANY CLAIM YOU MAKE MUST BE BROUGHT BY YOU INDIVIDUALLY, AND CANNOT BE COMBINED OR AGGREGATED WITH THE CLAIMS OF OTHERS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.

17. Indemnification

You agree to defend, indemnify and hold harmless Questia, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.

18. Notices by Email

You agree that we may send you administrative notices and otherwise communicate with you about this Agreement by email. You agree to update your account information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.

19. Access Outside the United States

Questia does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.

20. Miscellaneous

You agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and Questia or its affiliates.

YOU AGREE THAT THE TERMS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, TO THE EXTENT APPLICABLE, IF AT ALL, SHALL NOT APPLY TO THIS AGREEMENT.

If any term of this Agreement is deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.

No waiver by Questia of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.

This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.

The section headings used herein are for convenience only and shall not be given any legal import.

Customer Service
Our Customer Service team is available 24/7. Just call
1-800-889-0097.

Mailing address
Questia
c/o Cengage Learning
1 North State Street
Suite 900
Chicago, IL 60602
USA