The sale is now over. Please visit gale.com for more information.
10 for $3,500 offer: Each individual collection will be priced at a one-time backfile cost of $345 and an annual hosting fee of $5. 5 for $2,000 offer: Each individual collection will be priced at a one-time backfile cost of $395 and an annual hosting fee of $5. Customers must purchase collections in groups of 5 or 10. Any customer purchasing collections outside of groups of 5 or 10 must work with their Gale sales representative. Orders placed through this site will require additional contracting documents which will be sent via email to the contact supplied. Those contracting documents must be signed and returned for orders to be finalized. The sale ends December 31st, 2012 and only includes those collections appearing on the site. Archives Unbound collections not appearing are not included in this promotion. All contracting documents must be received by 5PM EST on 30th, 2012 to be applicable for this promotion. This offer cannot be combined with any other offer.
IMPORTANT-READ CAREFULLY: These Terms and Conditions (the "T&Cs") is a legally binding agreement between you and the entity which you represent ("You") and The Gale Group, Inc. ("Gale"). This Agreement governs Your use of this Website (the "Site") and content, materials available on the Site (the "Materials"). BY ACCESSING THE SITE AND/OR PURCHASING ANY MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE T&CS AND UNDERSTAND THE T&Cs, REPRESENT THAT YOU ARE A PERMITTED USER (AS DEFINED BELOW) AND AGREE TO BE BOUND BY THE T&Cs. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND ANY ENTITY ON WHICH BEHALF YOU ARE ACCESSING THE SITE AND/OR PURCHASING MATERIALS, IN WHICH EVENT "YOU" SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE OR PURCHASE ANY MATERIALS.
1) Purpose: The Site is provided as a service for the Site's users to access the Materials for use solely to promote public, academic, and K12 libraries together with Gale products and services (the "Purpose"). The materials cannot be used for any other purpose other than the Purpose and You acknowledge and agree to use the Materials and the Marks solely for the Purpose.
2) Permitted Users. Materials are offered on the Site only to libraries that fall within certain guidelines(including academic libraries with an FTE of less than 3,000, public libraries who serve a population of less than 50,000, and K-12 libraries) (collectively "Libraries" and each a "Library"). The Site may only be used and purchases of Materials may only be made by Libraries and their representatives on behalf of the Library they represent. Such representatives must be persons over the age of 18 with legal authority to agree and bind the Library that they represent to the terms and conditions hereof (each a "Permitted User"). Any purchases made by anyone other than a Permitted User are cancellable at will by Gale.
3) Terms of Sale: You may order Materials available via the Site only during the offering period indicated in the Site (the "Offering Period"). Any orders place before or after the Offering Period are void and without affect.
ALL PURCHASES ARE NON-CANCELLABLE.
THE OFFERING IS AVAILABLE ONLY ON THE SITE AND IS NOT RETROACTIVE FOR ANY SALES MADE BEFORE THE START OF THE OFFERING PERIOD.
GALE RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS OR DISCONTINUE THE OFFERING OF MATERIALS AT ANY TIME IN ITS SOLE DISCRETION.
4) Marks. You acknowledge and agree that all trademarks, services marks and logos (collectively "Marks") on the Site and in Materials are the sole and exclusive property of Gale and/or its affiliates, as applicable and all rights thereto shall inure to the benefit of Gale and its affiliates, as applicable, and shall not create any rights, title or interest in You; all Marks are, and shall remain, the sole and exclusive property of Gale and its affiliates, as applicable. You agree not to alter, obscure or reproduce the Marks.
5) Term. These T&Cs shall be effective for a term beginning on the date that You access the Site, and ending upon the earlier of written notice of termination from Gale which may be provided at any time in Gale's sole discretion and which may be made by notice on the Site or delivery to You by letter, email or other electronic communications.
6) Representations and Warranties. You represent that: (i) You have full power and authority to enter into this Agreement and to perform the subject matter hereof; (ii) Your agreement to the T&Cs and exercise of the license granted hereunder do not, and will not, conflict with or violate (1) any other agreement or instrument applicable to You, and (2) any applicable law, rule or regulation, or (3) any rights of a third party.
7) Indemnification/Limitation on Liability.
a) You, at Your own expense, shall defend, indemnify and hold Gale and its subsidiaries and affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) are based on, arise out of, or are related to (i) a breach by You of the T&Cs and/or (ii) otherwise in relation to Your use of the Materials and/or Marks.
b) DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GALE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, AND GALE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
c) Limitation of Liability. GALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) THE MAXIMUM LIABILITY OF GALE FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE T&CS AND THE MATERIALS AND MARKS WILL NOT EXCEED ONE DOLLAR IN THE AGGREGATE
8) Choice of Law. The T&Cs shall be governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles thereunder. Any dispute arising under the T&Cs shall be resolved in the state and federal courts of New York County, New York, and each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.
9) Force Majeure. Neither party shall be liable for any delay or failure in performing its obligations hereunder if caused by a factor beyond such party's reasonable control, including, without limitation, acts of God, acts of terrorism, acts of government, fire or other casualty, provided the affected party makes every effort to promptly resume performance. In the event that the affected party cannot resume performance within thirty (30) days, then the other party may, without penalty or liability, terminate this Agreement upon written notice.
10) Assignment. You may not assign, sublicense or otherwise transfer (voluntarily, by operation of law, or otherwise) the T&Cs, in whole or in part, or any right, interest, benefit or obligation under the T&Cs, without the prior written consent of Gale. All of the provision of the T&Cs shall be binding upon and inure to the benefit of each party's permitted successors in interest and permitted assigns. Any attempt to assign the T&Cs or any rights or obligations hereunder other than in accordance with this Section shall be null and void.
11) Waiver. The failure by either party to insist upon strict enforcement of any terms and conditions of this Agreement shall not be construed as a waiver of such right or of any other right hereunder.
12) Remedies Cumulative. Except as expressly limited herein, the rights and remedies set forth hereunder are cumulative and in addition to any other remedies available at law or in equity.
13) Relationship of the Parties. Nothing in this Agreement shall be construed to make either party the agent of the other for any purpose whatsoever; neither party is authorized to enter into any contract or assume any obligation for the other. Nothing in this Agreement shall be construed to establish a partnership, joint venture or employer-employee relationship between Gale and the Content Provider.
14) Headings. The headings of the various sections of this Agreement have been inserted only for purposes of convenience; such headings are not part of this Agreement and shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.
15) Notices. Any and all notices and other communications to either party hereunder shall be in writing and deemed delivered (i) upon receipt if by hand, email (where expressly provided herein) or overnight courier and (ii) three (3) days after mailing by first class, certified mail, postage prepaid, return receipt requested, to the publically available address for each party's headquarters or to such other address for a party as shall be specified by written notice.
16) Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
17) Entire Agreement. The T&Cs constitute the entire understanding between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether oral or written, regarding such subject matter. There are no other understandings, agreements, representations or warranties relied upon by either party with respect to the subject matter herein, which are not included herein. The T&Cs may revised or amended at any time by Gale in its sole discretion and Your continued access to the Site and/or use of the Materials and/or Marks shall constitute Your agreement to be bound by the T&Cs as revised or amended.