Terms of Use

Terms of Use

IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Intellectual Property. NTS Press respects the intellectual property of others, and we ask our users to do the same. You expressly acknowledge and agree that this Web Site (“Site”) may contain information, text, software, images, video, and other material (“Materials”) that are protected by copyright, trademark, patent and other intellectual property laws, and that all right, title and interest in and to the Materials belong solely and exclusively to NTS Press or its licensors.

Use of Site. The limited license granted herein is non-exclusive, personal to you and non-transferable and is subject at all times to the terms and conditions contained herein.  The license is determined by the type of subscription obtained, as described below:

  • Visitors.  “Visitors” include individuals who visit and use the Site. Visitors may use and view the Materials contained on this Site only for their personal, non-commercial use in accordance with the terms and conditions set forth herein.  Unless a Visitor is also a Subscriber and/or Adopting Professor, such Visitor shall not access or use portions of the Site or the Materials restricted to Subscribers or Adopting Professors (as applicable).
  • Subscribers.  “Subscribers” include Visitors who have registered for an ntspress.com profile with the required information and been approved by NTS Press, in its sole discretion, to access the portions of this Site restricted to Subscribers. NTS Press grants Subscribers a personal, non-transferrable one (1) year, non-exclusive license for single-user access to use, view and download the resources developed and reserved for Subscribers on one (1) computer in accordance with the terms and conditions set forth herein.  Subscribers may not make copies of the downloaded materials and may not share their login name or password with other third parties.
  • Adopting Professors.  “Adopting Professors” include Subscribers who have registered for an ntspress.com profile with the required information and been approved by NTS Press, in its sole discretion, to access the portions of this Site restricted to Adopting Professors. NTS Press grants Adopting Professors a personal non-transferable, non-exclusive license for the same resources provided to Subscribers as well as additional teaching resources developed and reserved for Adopting Professors, including without limitation solution manuals to problems contained in the Materials (collectively, the “Adopting Professor Materials”).  Access to Adopting Professors Materials by Adopting Professors is limited to the period of time that each such Adopting Professor qualifies as an Adopting Professor by teaching a class at an academic institution that utilizes a book published by NTS Press.  Without limiting the generality of the foregoing paragraph, Adopting Professors may not share their login name or password with any third parties.  If an Adopting Professor becomes disqualified to use the Site, the Adopting Professor must immediately cease using the portions of the Site reserved for Adopting Professors, and all copies of the Adopting Professors Materials stored by such Adopting Professor on any hard drive or other storage device or in hard copy must be deleted and destroyed.

All Visitors must abide by these Terms, including without limitation the following restrictions: (a) you must retain all copyright and other proprietary notices contained in the original Materials on any permitted copies of the Materials; (b) you may not modify the Materials in any way or print, reproduce, publicly display, perform, or distribute the Materials; (c) you may not use the Materials for any public or commercial purpose other than the use by Adopting Professors of Solutions Manuals in connection with the teaching of a class at an academic institution which has adopted the relevant book published by NTS Press; and (d) you may not use any of the Materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any Materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately cease all use of this Site and destroy any Materials in your possession.  Any rights not expressly granted herein are reserved to NTS Press.

User Contributions. Any information or material (“Communications”) that you transmit to this Site is considered non-confidential. NTS Press has no obligations with respect to the Communications, and NTS Press is free and you authorize NTS Press to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all related data, images, sound, and text, or any portion thereof, for any and all purposes. NTS Press reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any such Communications or any portion(s) thereof. NTS Press may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. You expressly agree and acknowledge that NTS Press, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. NTS PRESS DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUCH COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

For information regarding NTS Press’ Copyright Infringement Policy, please see “Notice of Copyright Infringement Claims” below.

Your Conduct. In all areas of the Site, you are prohibited from:

  • Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertising or offering to sell or buy any goods or services.
  • Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restricting or inhibiting any other user from transmitting or posting Communications.
  • Harvesting or otherwise collecting information about others, including e-mail addresses.
  • Uploading, posting, emailing or otherwise transmitting any Communications that encourage unlawful acts or are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or otherwise objectionable as determined in the sole discretion of NTS Press.
  • Taking or attempting any action that, in NTS Press’ sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site.
  • Intentionally or unintentionally violating any applicable local, state, national or international law.
  • Impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Violating any measure employed to limit or prevent access to the Materials.
  • Obtaining or attempting to obtain through any means any Materials, or any other data, content, Software or code available on or through the Site that have not been intentionally made available to you.
  • Using or attempting to use any “deep-link,” “data mining,” “scraper,” “robot” “spider,” or any other automated device, program, algorithm, methodology or manual process having similar processes or functionality to access, acquire, copy or monitor any portion of the Site, any data or content found on or accessed through the Site.

By transmitting any such Communications, you warrant that: (a) you have full authority to transmit such Communications; and (b) neither the Communications nor any part(s) of the Communications will (i) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy; (ii) contain any scandalous, libelous, or unlawful matter; or (iii) contain any formula, process, instruction, or other material that is injurious to a person or property.  You acknowledge and agree that NTS Press shall have the right (but not the obligation) in its sole discretion to monitor and remove any Communications available on the Site for any reason and/or terminate your subscription and right of access to the Site to prevent violation of these Terms.

Use of “Cookies.” We use cookies and collect personally identifiable information as provided in our Privacy Statement.  For more information on our use of cookies, please see our Privacy Statement at http://www.ntspress.com/faq/privacy-policy/.

Disclosure of Demographic and Personally Identifiable Information. You understand that by using our Site you consent to the collection, storage, use and disclosure of information about you as set forth in our Privacy Statement.  Additionally, by registering for an ntspress.com profile and/or otherwise providing such information to NTS Press and accepting the NTS Press Privacy Statement, you consent to the additional use and disclosure of the information you provide as set forth in our Privacy Statement.  The NTS Press Privacy Statement may be found at http://www.ntspress.com/faq/privacy-policy/.

Additional Responsibilities. By subscribing to the Site, you certify to NTS Press that (a) the information you have provided in order to register as a Subscriber is complete, accurate and current; (b) you will notify NTS Press within 10 business days of any change in the registration information you have submitted to the Site; and (c) you will not share your login name or password.

If any of these certifications becomes untrue, or if you do not comply in full with these Terms, NTS Press has the right to suspend and/or terminate your subscription to the Site.  You are responsible for all uses of the Site through your login name(s) and password(s), whether the use is made by you personally or by someone else.  You are responsible for protecting and securing your login name(s) and password(s) from unauthorized use and disclosure.  In the event you become aware of or believe there has been any breach of the Site, such as the theft or unauthorized use of your login name(s) and password(s), you will notify NTS Press immediately at info@ntspress.com.

You are responsible for obtaining and maintaining all computer hardware and software required for access to and use of the Site and for all charges related thereto.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. NTS Press does not control and is not responsible for any of these sites or their content. Thus, NTS Press does not endorse or make any representations about them, any information, software or other products or materials found there, or any results that may be obtained from using them.

When you click “buy” at ntspress.com, you will be sent to a site hosted by National Instruments that processes all online product orders for NTS Press.  Your transaction will occur on the National Instruments Web site (not this Site) and any personally identifiable information you provide will be collected by, and controlled by the privacy policy of National Instruments.  Therefore, before sharing any information there, we encourage you to review the applicable terms of use and privacy policy.  The privacy policy of National Instruments is available at http://www.ni.com/legal/termsofuse/unitedstates/us/.

Any purchase you make or relationship you establish including the delivery of and payment for goods and services in connection with or arising from a link to a third-party Web site on ntspress.com, is between you and such third-party, and subject to the terms of such third party, including but not limited to their conditions, warranties or representations associated with such purchases.  We shall have no responsibility or liability for your visitation to, and the data collection and use practices of such third party Web sites, including without limitation the Web site of National Instruments.  If you decide to access any of the third-party sites linked to/from this Site, you do so entirely at your own risk.

Termination of Subscription or Access. Your subscription begins the day you submit the ntspress.com profile registration form and are approved by NTS Press, in its sole discretion, as a Subscriber or Adopting Professor (as applicable); whether or not the Site is used, and your obligations under these Terms will exist until your subscription expires or is terminated pursuant to these Terms.  You may terminate your subscription and your rights to use the Site at any time and for any reason by notifying NTS Press of your decision to terminate your subscription at info@ntspress.com. Access rights of Subscribers to the restricted portions of this Site will expire one year from registration unless terminated earlier pursuant to these Terms.  Access rights of Adopting Professors to Adopting Professor Materials will expire when the Adopting Professor ceases to qualify as an Adopting Professor.  The license granted hereunder will terminate immediately and automatically in the event you breach any of these Terms.  Additionally, NTS Press may, in its sole and absolute discretion, with or without notice, suspend your access to all or any part of the Site, or terminate your rights to use the Site for any conduct or use that NTS Press believes is in violation of these Terms or for any other conduct that NTS Press believes is harmful to other subscribers, NTS Press’ content providers, or to the Site or the interests of NTS Press.  Upon termination or expiration of the relevant subscription, you must immediately cease using the Site and all copies of the Materials stored on any hard drive or other storage device or in hard copy must be deleted or destroyed.

Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS.” NTS PRESS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, RELIABILITY OR AVAILABILITY, LACK OF VIRUSES AND/OR LACK OF NEGLIGENCE.  USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.  NTS Press does not warrant that the Site will be uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from your use of the Site, or as to the accuracy, reliability, completeness or content of any information or third-party web site that may be provided through the Site.  Information may be updated or changed at any time, without notice. No statement, information or advice, whether made by an NTS Press employee or other representative or otherwise, that is not contained in these Terms shall be deemed to be a warranty by NTS Press for any purpose or give rise to any liability of NTS Press or its affiliates whatsoever, and you agree that you will not rely on any such statement, information or advice.  Warranties (if any) for products purchased from NTS Press are provided in separate documents. Mention of non-NTS Press products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

Limitation of Liability. NTS Press’ entire liability to you, and your sole and exclusive remedy with respect to (a) any disagreement or dissatisfaction with these Terms, as modified from time to time, (b) access to (or inability to access), use of, or performance of the Site, or (c) any content of the Site, is to terminate your subscription to the Site as provided in the termination provision above.  NTS PRESS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF NTS PRESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Under no circumstances shall NTS Press or its suppliers be liable for any delay or failure in performance resulting directly from acts of nature or other causes beyond its reasonable control, including without limitation, Internet failures, telecommunication failures, fires or floods.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable as determined by a court of competent jurisdiction in a final, non-appealable judgment, in no event shall NTS Press’ total aggregate liability relating to your use of the Site or the Materials exceed fifty dollars ($50 US).  You acknowledge that the applicable fees and prices reflect this allocation of risk.

Indemnification by You. You agree to defend, indemnify and hold harmless NTS Press and its affiliates and their respective directors, officers, shareholders, employees, agents, third-party content providers and licensors from and against any claims and expenses related to (a) any violation of these Terms by your use of the Site, or (b) placement or transmission by you of any Communications to the Site except as expressly authorized in these Terms.

Applicable Laws. NTS Press administers this Site from its offices in Austin, Texas. NTS Press makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.

General. NTS Press may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.  If you do not agree to any revised Terms, you may cancel your subscription to the Site as described in the “Termination” paragraph above.  Continued use of this Site by you constitutes acceptance of the modified Terms.

These Terms, your and NTS Press’ rights and obligations, and any disputes regarding the Site will be governed by the laws of the United States that govern contracts wholly entered into and wholly performed with the State of Texas. YOU SUBMIT TO THE JURISDICTION OF ALL COURTS OF TRAVIS COUNTY, TEXAS AND HEREBY AGREE THAT ANY SUCH COURT SHALL BE A PROPER AND EXCLUSIVE FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING IN CONNECTION WITH THE SITE OR THESE TERMS.

In the event that a court finds any provision of these Terms to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.  You acknowledge that NTS Press would be irreparably harmed by any breach of these Terms by you or by your unauthorized use of the Site or the Materials, and that monetary damages may not be a sufficient remedy for such harm.  You agree that NTS Press shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of these Terms by you or by your unauthorized use of the Site or the Materials.  If NTS Press waives or fails to enforce any term or condition of these Terms, such waiver or failure to enforce will not mean that NTS Press must waive, has waived or cannot enforce such term or condition on any other occasion, or any other term or condition of these Terms.  The terms and conditions of these Terms cannot be changed by your or NTS Press’ conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

Trademarks

NTS Press is a trademark of National Technology and Science Press.  Other product and company names listed on the NTS Press Web site or in printed materials are trademarks or trade names of their respective companies.

Notice of Copyright Infringement Claims

National Technology and Science Press (“NTS Press”) is concerned about protecting the copyright and other intellectual property rights of others.  We urge you to adhere to all applicable copyright laws.  We may disable or terminate any user account and remove or modify any content on our Site in our discretion.

You may notify NTS Press in writing by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this Site:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your written notification to our designated agent who may be contacted as follows:

Copyright Agent
c/o Legal Department
National Technology and Science Press
11500 N. Mopac Expressway
Austin, Texas 78759-3504
Fax: (512) 683-6913
copyrightagent@ntspress.com

Questions regarding the NTS Press Copyright Infringement Policy may be directed to the NTS Press Copyright Agent by email to copyrightagent@ntspress.comor by phone to 512.683.3538.