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TERMS OF USE

Welcome to the College of American Pathologists (CAP) ebook store. To insure a safe, non-offensive environment for all of our users, we have established these Terms of Use. This document describes what you can expect from us, and what we expect from you. 

By accessing any area of the CAP ebook store website, users ("User(s)" or "you") agree to be legally bound to and abide by these Terms of Use.


TRADEMARKS

The trademarks, logos, and service marks ("Marks") displayed on the CAP ebook store site are the property of the CAP. All rights are reserved.


CONTENT

User acknowledges that the CAP ebook store site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the US copyright laws, and CAP owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by CAP or otherwise stated herein. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the US copyright laws (see e.g., 17 USC Section 107), Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.


ONLINE CONDUCT

Access to and use of password-protected and/or secure areas of the CAP ebook store website is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the CAP ebook store site may be subject to prosecution.


DISCLAIMERS AND LIMITATION OF LIABILITY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE CAP EBOOK STORE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE CAP EBOOK STORE WEBSITE.

YOU AGREE THAT CAP, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CAP EBOOK STORE WEBSITE , OR WITH THE DELAY OR INABILITY TO USE THE CAP EBOOK STORE WEBSITE, EVEN IF THE CAP IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. 

THE CAP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE CAP EBOOK STORE WEBSITE. 

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON THE CAP EBOOK STORE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE CAP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE CAP EBOOK STORE WEBSITE. THE CAP MAY MAKE IMPROVEMENTS OR CHANGES TO THE CAP EBOOK STORE WEBSITE AT ANY TIME.

THE CAP HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CAP EBOOK STORE WEBSITE THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER, AND YOU HEREBY EXONERATE THE CAP FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

The information presented in each ebook reflects the opinions of the contributors. It should not be interpreted as an official policy of the CAP or as an endorsement of any product.

Because of ongoing research and improvements in technology, the information and its applications contained in ebooks offered for sale are constantly evolving and are subject to the professional judgment and interpretation of the practitioner due to the uniqueness of a clinical situation. The editors, contributors, and the CAP have made reasonable efforts to ensure the accuracy and appropriateness of the information presentation in ebooks offered for sale. However, any user of this information is advised that the editors, contributors, advisors, and the CAP are not responsible for the continued currency of the information, for any errors or omissions, and/or for any consequences arising from the use of the information in the ebooks in any and all practice settings. Any reader of this document is cautioned that the CAP makes no representation, guarantee, or warranty, express or implied, as to the accuracy and appropriateness of the information contained in these ebooks and specifically disclaims any liability to any party for the accuracy and/or completeness of the material or for any damages arising out of the use or non-use of any of the information contained in the ebooks offered for sale. The information contained in CAP ebooks is not intended to constitute medical advice.


TERMINATION OF USAGE

The CAP may terminate User's access, or suspend any User's access to all or part of the CAP ebook store website, without notice, for any conduct that the CAP, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, or the CAP. The CAP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.


SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.


CHANGES TO TERMS OF USE

The CAP reserves the right to revise these Terms of Use at any time, and Users are deemed to be apprised of and bound by any changes to these Terms of Use.