Terms of Use for the Information Express Online Service

Your institution may have a separate license agreement with Information Express that governs your use of this service. In cases were there is a license agreement the agreement takes precedence over these Terms of Use.

Contact your institution's library to determine if an agreement is in place and to learn of the specific Terms of Use that govern your use of IE.


By setting up and maintaining an individual user account of this Service, you agree to the following terms and conditions ("Terms of Use"):

1.   Restrictions on Use

1.1   Pursuant to the Terms of Use and conditions set forth herein, you as an individual end user or as a member of an institution in trial with Information Express ("IE") will have a personal, nonexclusive, nontransferable, limited license to access and use the document searching, alerting and ordering services of IE and third parties made available from time to time by IE ("Services"), at such times as the Services are generally available, solely (i) for your personal use; and/or (ii) in the regular course of your internal business; and/or (iii) for the purposes of testing the suitability of the application for use within your institution and provided that you maintain all applicable copyright and other policies. You may not assign or sublicense this license. Unless you receive IE's prior express written consent (except for the express limited purposes permitted above), you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the website, including the content and/or software on the website; (2) make any use of IE's trademarks, trade dress and/or other intellectual property; (3) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout and/or form) of IE; or (4) use any meta tags or any other "hidden text" utilizing IE's name or trademarks.

1.2   All right, title and interest in the Services, the associated software, and any other materials included in the Services, including without limitation all intellectual property rights related thereto, belong to IE or its third-party suppliers. You will not, by virtue of these Terms of Use, acquire any interest in the Services or any materials included in the Services.

1.3   You may not publish, broadcast or sell any materials retrieved through or derived from the Services or use any such materials in any fashion that may infringe any copyright or other intellectual property right of IE or its third-party suppliers. You may not copy, distribute or otherwise allow access by third parties to any materials retrieved through the Services, except that you may create one single printout of materials retrieved through the Services or obtain printouts of such materials from IE solely for your own use. You represent and warrant to IE that you are not in the business of providing document searching, alerting or ordering services to third parties.

1.4   You will choose an identification password acceptable to IE for accessing the Services. You agree to pay for all use of the Services accessed through your identification password where usage fees are noted. You may not share your password for use by anyone else. If you believe that your password is being used by anyone else, you shall notify IE immediately.

2.   Charges

The request of any documents via the Services will result in charges. You may be provided with an estimate of these charges before ordering, but such display constitutes only an estimate and may not be the final charge. Your account may be set with an overall cost limit beyond which specific permission may be required to continue with the order. Please contact our Service Quality department if you are unsure of your rates or cost limits. By ordering a document via the Services, you are agreeing to pay the cost of the document, up to any limits set in your account. Charges for the IE Online portion of the service may be assessed and you will be notified of any charges at that time. You will have the option of continuing with the Services at the rate assessed or terminating you account.

3.   Limited Warranty

3.1   ALL SERVICES AND PRODUCTS FURNISHED BY IE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND IE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF ANY PRODUCTS PROVIDED HEREUNDER. THE INFORMATION PROVIDED THROUGH THE IE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES. IE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE.

IE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT ON THIS WEBSITE WILL BE ACCURATE, COMPLETE, OR AVAILABLE AT ALL TIMES.

3.2   Without limiting the generality of the foregoing, IE shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Services or any materials included therein, (b) the unavailability or interruption of the Services or any features thereof or any materials included therein, (c) your use of the Services (regardless of whether you received any assistance from IE employees), (d) your use of any equipment in connection with the Services, or (e) the content of materials included in the Services.

4.   Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IE AND ITS PARTNERS, ASSOCIATES, AGENTS, ATTORNEYS, EMPLOYEES, SUBCONTRACTORS, ASSIGNS, SUCCESSORS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, OR EMOTIONAL DISTRESS THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT IE IS NOT LIABLE FOR ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY VISITOR TO THIS WEBSITE, OR USER OF INFORMATION OBTAINED THROUGH THIS WEBSITE. YOU AGREE THAT IE SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT, OR OTHERWISE. SOME JURISDICTIONS MAY RESTRICT THESE LIMITATIONS OF LIABILITY.

5.   Indemnification

You understand and hold that you are personally responsible for your use of the Service and any materials included or obtained via the Service. You shall defend, indemnify and hold IE, its officers, employees, and suppliers harmless from and against any loss, claims, demands, expenses (including court costs and reasonable attorneys' fees), or liability of whatever nature or kind (including, without limitation, negligence) arising from or relating to your use of the Services other than as expressly authorized by this Agreement. This includes but is not limited to: (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use, or (4) any damage to our website, or to us, or to another person which is caused by or otherwise results from your acts and omissions. You agree not to infringe the proprietary rights of any third parties, including but not limited to copyrights, in using the Services or any materials obtained from the use of such Services.

6.   Monitoring

IE reserves the right to monitor and record your usage of and activities on the Services from time to time and to compile and distribute non-identifying statistical data regarding such usage. You expressly consent to all of the foregoing activities by IE.

7.   Privacy

You agree that you understand our practices regarding your privacy in connection with this website, as stated in our Privacy Policy.

8.   Third-Party Policies

This website may contain links to other websites that are not owned or maintained by IE ("Third-Party Sites"). Links to Third-Party Sites are provided as citations and aids to help you identify and locate other Internet resources that may be of interest. If you link to one of these websites, you are transferred to another website beyond the control of IE; your privacy and conditions of your use at those websites will be governed by the privacy policy and terms of use at that website and not IE's policies and terms.

9.   Copyrights, Trademarks & Trade Dress

All content included on this website, and all software used on this website are the property of IE, its affiliates or its content suppliers, and are protected by U.S. and international copyright and trademark laws.

Information Online, IE Online, IE Express, the IE Logo, and other IE graphics, logos, images, page headers, titles, button icons, scripts and trade and service names, are the copyrights, trademarks, trade dress and/or other intellectual property of IE in the U.S. and other countries.

IE makes no representations concerning, and assumes no liability for any infringing or non-infringing nature of any trademarks that appear on our website but are not owned by IE. Alleged copyright, trademark and trade dress violations should be reported to the IE in care of this website.

10.   Miscellaneous

10.1   Except as otherwise provided herein, these Terms of Use contain the entire agreement between the parties with respect to the subject matter hereof. In the event you issue a purchase order or other document relating to the Services, you agree that the document will be for your internal purposes only and will in no way modify or affect any of the Terms of Use or conditions of the Terms of Use.

10.2   Except with respect to claims by IE for any amounts owing to it by you or for improper use of the Services or any materials retrieved therefrom, no claim, regardless of form, which in any way arises out of these Terms of Use or the use of or inability to use the Services or the materials retrieved therefrom may be made, nor any action based upon such claim brought, by either party more than one year after the basis to the claim becomes known to the party asserting it.

10.3   IE shall not be liable or be deemed to be in default for any delay or failure in performance or interruption of the Services resulting directly or indirectly from any cause or circumstance beyond the reasonable control of IE, equipment or telecommunications failure, labor dispute, or failure of any third party to perform any agreement with IE that adversely affects IE's ability to perform its obligations hereunder.

10.4   The failure of either party to enforce any provision of these Terms of Use shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. If any provision of the Terms of Use is found to be invalid, the parties will request the applicable court to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

10.5   This Agreement shall be governed and construed in all respects by and according to the laws of the State of California without regard to principles of conflicts or choice of laws.

11.   Termination for Failure to Comply with Terms of Use

We reserve the right to investigate suspected violations of these Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion.

You also hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to IE, for which there will be no adequate remedy at law, and that IE shall be entitled to equitable relief to compel you to cease and desist all unauthorized use of this website. Your breach of these Terms of Use may also entitle IE to bring an action against you for any and all other remedies available at law or in equity.

12.   Acknowledgement

You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.