Evolve Terms and Conditions
This website ("Site") is owned and operated by Elsevier Inc., 3251 Riverport Lane, Maryland Heights, MO 63043, USA ("Elsevier," "we," "us" or "our").
By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site.
Elsevier reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.
Copyrights and Limitations on Use
All content in this Site, including site layout, design, images, programs, text and other information (collectively, the "Content") is the property of Elsevier and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.
You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Elsevier.
You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Elsevier Global Rights.
You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.
You may not, without the approval of Elsevier, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
Notwithstanding the foregoing, in any interactive areas of this Web Site (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
Material Provided to Us or Posted On or Through the Site
We do not claim ownership of any material that you provide to us (including feedback and suggestions) or post, upload, input or submit on or through this Site, including our blog pages, message boards, chat rooms and forums, for review by the general public or by the members of any public or private community (“Submission”) and we are not responsible for its content or accuracy. However, By posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, "Postings") for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Elsevier a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Elsevier for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Elsevier.No compensation will be paid with respect to the use of your Submission. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion.
If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Elsevier may delete your Posting at any time for any reason without permission from you.
In case you fail to comply with the Terms and Conditions, an e-mail will be sent to you informing you why your Submission through this Site has failed or been edited. This e-mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of the Site areas.
Postings to be in Your Name
Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.Monitoring
Elsevier shall have the right, but not the obligation, to monitor Postings to the site to determine compliance with these Terms and Conditions and any operating rules established by Elsevier and to satisfy any law, regulation or authorized government request. Elsevier is not responsible for the content in such Postings or any content linked to or from such Postings. Elsevier however reserves the right, in its sole discretion, to monitor Interactive Areas, Postings, edit Postings, cause Posting not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.Links to Other Sites
The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Elsevier is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier. Because Elsevier is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.Linking to this Web Site
You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Web Site, (b) you give Elsevier notice of such link by sending an e-mail to http://us.elsevierhealth.com/Licensing/permissions.jsp and (c) you discontinue providing links to this Web Site if requested by Elsevier. If you wish to provide links to a section within this Web Site, you should forward your request to Elsevier at http://us.elsevierhealth.com/Licensing/permissions.jsp and Elsevier will notify you if permission is granted, and if so the terms and conditions of the permission.Advertisers
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Elsevier will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.Third Party Content
Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Elsevier shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Elsevier. Further, information and opinions provided by employees and agents of Elsevier in Interactive Areas are not necessarily endorsed by Elsevier and do not necessarily represent the beliefs and opinions of Elsevier.Disclaimer of Warranties and Liability
Neither Elsevier, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.
NEITHER ELSEVIER NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL ELSEVIER, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. ELSEVIER AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Elsevier neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.
Systems Reliability
Elsevier aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Elsevier shall not be liable for lost information or non-availability of the services.Indemnification
You hereby agree to indemnify, defend and hold Elsevier, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.Third Party Rights
The provisions of paragraphs, Disclaimer, Limitation of Liability, and Indemnification are for the benefit of Elsevier and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.Unlawful Activity
Elsevier reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.Remedies for Violations
Elsevier reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other Elsevier web sites and their features.Export Control
You acknowledge that U.S. export control laws and regulations apply to this site, including the Export Administration Regulations of the U.S. Department of Commerce, which prohibit the export or re-export of products and technology to certain countries and persons. You agree to comply strictly with all U.S. export laws, regulations and orders, and assume sole responsibility for obtaining any required licenses to export or re-export products or technology.Governing Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New York.Trademarks
Evolve® is a registered trademark of Elsevier Inc. in the United States and other jurisdictions.NCLEX®, NCLEX-RN®, and NCLEX-PN®, are federally registered trademarks and service marks of the National Council of State Boards of Nursing, Inc.
ExamView® federally registered trademark of eInstruction.
All other trademarks appearing on this Site are the property of their respective owners.
Modifications to Terms of Use
Elsevier reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.Last revised: October, 9th 2009
Copyright © 2009 Elsevier Inc. All rights reserved.