Welding Research Council Terms and Conditions
WRC reserves the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.
- User Identification and Password. After this agreement is electronically submitted to WRC and your order is complete, the User will have registered their e-mail as their username and a password of the User’s own choosing through the registration process.
- Authorized User. WRC’s grant to you of online access to Licensed Materials for which you purchase on a pay-per-view basis extends to you individually and may not be transferred to, or extended to others. You agree to maintain your User ID and Password as private and confidential information. Unauthorized use of the User’s ID and password for online access to the Service with or without the User’s knowledge is a breach of this Agreement and a violation of WRC’s copyrights.
- Permitted Access and Use. The User is permitted to download or print text, search results, or other information from the Licensed Materials for the private use of the individual User. The User agrees to use this online access in a way that conforms with all applicable laws and regulations. The User specifically agrees not to make any attempt to gain unauthorized access to any other system or network.
You may print or download one (1) copy of the Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices. Making multiple copies of the Content is expressly prohibited.
WRC grants permission for brief quotations from the content included in the Licensed Materials, with acknowledgement of the source, subject to any restrictions, if any, set forth in the downloaded content.
- User Responsibilities.
- Online Bulletin Purchases. WRC grants you access to each Bulletin purchased through your Service account for forty-eight (48) hours after your purchase the Bulletin. You may download and store, or print text, search results or other information from the Bulletin solely for your own private use. It is your responsibility to ensure that you have preserved such Bulletin for your personal use, either by saving the electronic PDF Bulletin file or printing such Bulletin within that time.
- Single E-Book Purchases. WRC grants you access to each single title E-book purchased through your Service account for forty-eight (48) hours after your purchase the E-book. You may download and store, or print text, search results or other information from the E-book solely for your own private use. It is your responsibility to ensure that you have preserved such E-book for your personal use, either by saving the electronic PDF E-book file or printing such E-book within that time.
You must report any system failure or failure by you to properly receive and/or store such Bulletin or E-Book file to WRC Customer Service within a forty-eight (48) hour period from the time you confirm your purchase in order to be eligible to receive a replacement file. Replacement is your only remedy. Should any such failure be beyond your reasonable control and prevent receipt of such notification by WRC due to Internet failures or force majeure, you shall insure that WRC receives notification as soon as possible after such failure is remedied, but in any event no later than one (1) week after repair of the offending system. You may be required to provide documentation or corroboration of such failure in order to receive any remedy.
- Notification of Infringement. Notifications regarding any alleged intellectual property infringement should be directed to WRC by email addressed to firstname.lastname@example.org
- Prohibitions on Certain Uses. Altering, recompiling, copying, reselling, redistributing, publishing, or republishing (beyond the brief quotations permitted in Section 4 of any text, output, search results, or other information from the Licensed Materials, or any portion thereof, including without limitation, copyright, trade secret, proprietary and/or other legal notices contained therein, in any form is prohibited). Systematic or programmatic downloading, service bureau redistribution services and/or the making of print or electronic copies for transmission to third parties are prohibited. All rights not expressly granted are reserved to WRC.
- You understand and agree that Licensed Materials, including abstracts, are copyrighted by WRC and are subject to all applicable copyright, database protection and other rights of WRC as copyright owner and publisher under the laws of the United States and other countries. Copyright notices in the Licensed materials may not be removed, obscured or modified in any way.
- Failure of Performance. Following online access approval, the User will be permitted to attempt online access to the Licensed Materials that the User has purchase pay-per-view access. WRC will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. WRC will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. In the event of any failure to deliver a Bulletin of E-book ordered, WRC’s sole liability shall be to deliver the ordered Bulletin or E-Book at another time.
- Official Version of Record. WRC is responsible for ensuring that the online version of its bulletins/e-books corresponds in content with the print versions, but WRC does not guarantee that they do. In the event of any discrepancy between the online and print versions, the print version will be the official version of the record.
- Disclaimer of Warranties; Limitation of Liability; Indemnification. WRC warrants that it is entitled to grant the licenses granted in this agreement.
Except as set forth in the preceding sentence, WRC makes no warranty of representation of any kind, expressed or implied, with respect to the Licensed Materials, including its quality, originality, suitability, searchability, operation, performance, compliance with any computational process, merchantability or fitness for a particular purpose. The Licensed Materials are licensed and provided to you on an ‘as is’ basis.
WRC shall not be liable for: exemplary, special, indirect, incidental, consequential or other damages, arising out of or in connection with the licenses granted hereunder, the use of inability to use any WRC online publication, WRC’s performance under this agreement, termination of this agreement by WRC or the loss of data, business or goodwill, even if WRC is advised or aware of the possibility of such damages. In no event shall the total aggregate liability or WRC for any claims, losses, or damages arising out of any breach or termination of this agreement exceed the total amount paid by the User to WRC for the Licensed Material, but not less than thirty five dollars ($35.00) for the current year in which the claim, loss or damage occurred, whether in contract, tort, or otherwise, including without limitation due to negligence.
The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against WRC unless suit is filed within one (1) year after event giving rise to the claim.
The User assumes sole responsibility for all use of Licensed Materials and agrees to indemnify and hold WRC and its officers. directors, employees, members and agents, harmless from and against any and all claims, liabilities, damages, expenses (including attorneys’ fees and experts’ costs, penalties and fees, if any for the enforcement of this Agreement and otherwise for WRC’s defense of indemnified claims), losses and threatened losses arising from or in connection with any breach of this Agreement, including without limitation, claims of unauthorized use.
- This agreement constitutes the entire agreement between the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. Except as otherwise provided in Section 5, this Agreement may be amended only by consent (via mail, email, or fax) of both parties. The headings used in this Agreement are for convenience only and are not to be considered in construing the terms of this Agreement.
The User may not assign or transfer rights under this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 9, 10, and 11 hereof shall survive any expiration or termination of this Agreement.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Ohio, applicable to contracts entered into and fully performed in the State of Ohio. Any action arising out of or relating to this Agreement or any WRC publications shall be brought in courts situated in Cuyahoga County, Ohio and the parties consent to the jurisdiction of such courts.