Terms of Service

Last Modified: 4/4/2023

Acceptance of the Terms of Service

These Terms of Service are entered into by and between you and Posen Center LLC (“Posen”). Together with any documents they expressly incorporate by reference, they govern your access to, and use of, whether as a guest or registered user, the website at www.posenlibrary.com and any related mobile applications (together, the “Website”).

Please read these Terms of Service carefully before you visit or otherwise use the Website.  By visiting or otherwise using the Website, you accept and agree to be bound to these Terms of Service and associated privacy policies, all of which are incorporated by reference. If you do not agree to these Terms of Service, you must not visit or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all visits to, and use of the Website, thereafter.  Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.  Please check these Terms of Service from time to for the latest effective version.

Updates

It is our expectation that the Website will be continually updated.  We reserve the right to remove or delete any service or materials we provide on the Website, in our sole discretion, without notice.

Registering for an Account

Posen will not be liable should any part of the Website become unavailable at any time.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  Information you provide to register with this Website is governed by our applicable privacy policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity.  Your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

As between you and Posen, the Website and its contents, features, and functions are the property of Posen, its licensors, or other providers of material and are protected by United States and international copyright, trademark, patent, trade secret, design right and other intellectual property or proprietary rights laws.  Except as otherwise expressly permitted by us, you may not yourself or permit others to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Website.  If we shall permit any copying or retransmission of any portion of the Website at any time, that copying and retransmission may only be made with all intellectual-property notices and attributions provided by us as to any such portion.

Permitted Uses

The Website is provided for personal use as an anthology and reference for scholarly and educational purposes.  You may not use the Website or its contents for commercial purposes.

If you wish to make any use of material on the Website other than as provided expressly in these Terms of Service, please address your request to: info@posenlibrary.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Posen.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material or other solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Posen or users of the Website, or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
  • Use any manual process or robot, spider, or other automatic device, process to interfere with, or monitor the use by others, of any portion of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Website.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Violate the legal rights (including the rights of publicity and privacy) of others.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Without limitation, we have the right to: (a) remove or refuse to permit the posting of any User Contributions for any or no reason in our sole discretion; and (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.  Should we come to believe you have done any of the foregoing or otherwise violated these Terms of Service, we reserve the right to deny you further access to the Website, or your personal account, without prior notice.

Sharing Content

At various times, the Website may contain facilities for users to share content on the Website.  It may be permitted for account holders to store content in their personal accounts and to share it with other account holders or others.  Any rights granted to do to the foregoing may only be exercised as to content expressly identified by Posen as available for any such sharing or storage.  In all events, however, all such sharing and storage may only be performed for scholarly or educational purposes and not for commercial, political purposes.

User Contributions

At various times, the Website may contain facilities for user-provided content, including any material authored by, or provided through, any user (a “User Contribution”).  User Contributions, if and when so permitted, must at all times comply with the terms and conditions of these Terms of Service.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that: (a) you own or control all rights to your User Contributions and have the right to post or include them and to grant us the foregoing rights, without infringement upon, or violation of, the rights of others; and (b) all of your User Contributions will comply with these Terms of Service.

You are responsible for any User Contributions you submit or contribute, and you, not Posen, have full responsibility for any such content, including its legality, reliability, accuracy and appropriateness.

Without limiting the foregoing, we have the right to cooperate fully with any authorities or any court order requesting or directing us to disclose information about anyone posting any materials on or through the Website in violation of applicable law.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators or reporting services.  All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Posen, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Posen.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our privacy policies. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our privacy policies.

Links to the Website

You may link to portions of the Website, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.  We may disable any links at any time without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, those links are provided for your convenience only.  We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POSEN NOR ANY PERSON ASSOCIATED WITH POSEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITATION TO THE FOREGOING, NEITHER POSEN NOR ANYONE ASSOCIATED WITH POSEN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, LINKED WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, POSEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL POSEN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Posen, its principals, officers, directors, employees, affiliates, licensors, service providers, agents and representatives  and their respective principals, officers, directors and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and disbursements) arising out of, or relating to, any violation of these Terms of Service or your use of the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service, and any dispute or claim arising from or related to them shall be governed by and construed in accordance with the internal laws of the State of New York, USA, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted and maintained exclusively in the federal courts of the United States of America or the courts of the State of New York, USA in each case located in the City of New York and County of New York.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Posen’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Website to final and binding arbitration under the Rules of Arbitration of the International Institute for Conflict Prevention & Resolution, Inc., applying the law of the State of New York (without regard to its conflict of laws principles).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Posen of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Posen to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service constitute the sole and entire agreement between you and Posen regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Posen Center LLC, 257 Fifth Avenue, Suite. 107, New York, New York 10016.

All other comments, requests for technical support and other communications relating to the Website should be directed to info@posenlibrary.com.