SUBSCRIBER AGREEMENT FOR MERRIAM-WEBSTER UNABRIDGED
THIS AGREEMENT WAS LAST UPDATED ON MAY 23, 2013.
This Subscriber Agreement governs your use of Merriam-Webster Unabridged ("MWU"), which is an electronic language reference service available from Merriam-Webster, Incorporated.
3. Fees and Payments. You can always find the current Subscription Fees for MWU posted on the Subscription Services FAQ page.
You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for MWU (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription Fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance of your next subscription renewal. If you want to use a different credit card or there is a change in credit card validity, you can update your information by accessing the My Account page. If you believe someone has accessed MWU using your user name and password without your authorization, you must call Merriam-Webster Customer Service at the telephone numbers posted on the Contact Us page. You are responsible for any fees or charges incurred to access MWU through an Internet access provider or other third party service.
4. Renewal. Your subscription will renew automatically, unless (1) we terminate it; or (2) you notify us by telephone or mail of your decision to terminate your subscription; or (3) you selected to terminate your account on your My Account page. Expiration dates on valid credit cards will be automatically updated during processing of subscriptions set to automatically renew. You must cancel your subscription before it renews in order to avoid billing of Subscription Fees for the renewal term to your credit card.
If you are a resident of the Netherlands, you can terminate at any time during your annual subscription, on 30 days notice, and receive a pro-rated refund.
5. Limitations on Use.
a. If you have a single-user license, only one individual may access MWU at the same time using the same user name or password, unless we agree otherwise. Holders of multi-user licenses agree to adhere to the site access terms specified in their Multi-User Agreement.
b. The content available through MWU is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through MWU for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit, or otherwise provide access to the content received through MWU to anyone without permission except as permitted by applicable copyright law. Please consult the Copyright Notice page regarding permissions.
c. You agree not to use MWU for any unlawful purpose. We reserve the right to terminate or restrict your access to MWU if, in our opinion, your use of MWU may violate any laws, infringe upon another person's rights, or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. Other Sites. We may link to or promote Web sites or services from other companies on MWU or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those Web sites, services, and software.
7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO AND USE OF MWU AND THE CONTENT AVAILABLE THROUGH MWU IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MERRIAM-WEBSTER, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS ("THE MERRIAM-WEBSTER PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF MWU FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE MERRIAM-WEBSTER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MERRIAM-WEBSTER PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
8. General. This Agreement contains the final and entire agreement between us regarding your use of MWU and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of MWU. We may discontinue or change MWU, or its availability to you, at any time. If we discontinue or make MWU no longer available to you, we will refund the remaining portion of your Subscription Fee. This Agreement is personal to the individual subscriber or to authorized users under the terms of a multi-user license, and the rights and obligations specified in this Agreement may not be assigned to anyone else. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement, will be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America applicable to contracts made entirely within Massachusetts and wholly performed in Massachusetts, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Massachusetts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.