Whether you are an Individual, Student, or Institutional subscriber:
The subscription is provided “as is” and to the fullest extent permitted by applicable law, we expressly disclaim any and all warranties, express and implied, including but not limited to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, provided by us or within the content.
We and our affiliates make no warranty, implied or explicit, that any part of the sites will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that the content is safe in any manner for download. You understand and agree that neither we nor our affiliates nor any participant in the sites provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Save for the provisions of the following clause, we and our affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the sites, including for viruses alleged to have been obtained from the sites, your use of or reliance on the sites or any of the information or materials available on the sites or in the publication, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Our liability will not be limited in the case of death or personal injury directly caused by our negligence, or fraud or fraudulent misrepresentation.
These Terms do not and shall not affect any of your rights that are implied by law and that cannot be excluded including but not limited to (in the case of Individual and Student subscribers) that the goods will be of satisfactory quality and as described.
You agree to indemnify us and our subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and to hold us and them harmless from any and all claims, demands, liabilities, damages, costs and expenses (including legal fees) that may arise from: (i) your submissions, contribution(s) or provision of content; (ii) your use or misuse of the site; (iii) your unauthorised use of material obtained through the sites or your subscription; (iv) your breach of these Terms; (v) any such acts arising through your use of the sites; or (vi) any other violation of the rights of another person or party. In the case of institutional subscribers, “you” and “your” shall anyone who accesses the subscriptions under each of the accounts within your subscription.
This contract is between you and us. Nobody else has any rights under the contract and nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
A delay or failure to exercise, or partial exercise of, any right or remedy under this contract, does not waive that or any other right or remedy, nor prevent or restrict the further exercise of that or any other right or remedy.
These terms are governed by the laws of England and both you and we submit to the exclusive jurisdiction of the courts of England.
If you are an Institutional subscriber:
In the event of inconsistency between the paragraphs below and the rest of these Terms, the paragraph(s) below shall take precedence to the extent of the inconsistency.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) your use of, or inability to use, our site or your subscription; or (ii) use of or reliance on any content displayed on our site or in our publication.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
We will have no liability to you for any loss of profits, loss of sales, loss of business, loss of revenue, wasted expenditure, business interruption, loss of anticipated savings, loss or corruption of data or information, loss or depletion of business opportunity, goodwill or reputation; or any special, indirect or consequential loss, costs, charges, expenses or damages.
Our total aggregate liability to you in respect of any and all breaches of duty occurring pursuant to these Terms shall not exceed the total subscription fees paid in the contract year in which the breach occurred. A contract year means a 12-month period commencing on the activation date of the subscription, or any anniversary of it. References to liability in this clause include every kind of liability arising under or in connection with this agreement including but not limited to liability in tort (including negligence), contract, misrepresentation, restitution or otherwise.
Nothing in this agreement excludes or limits our liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.