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Terms of Use (11/2009)

1. BY ACCEPTING THIS LICENSE (“LICENSE”)

You (hereinafter “you,” “your,” or “User”) agree to the terms and conditions set forth in this License. In turn, the American Accounting Association (hereinafter “AAA”) grants you the right to access the Scitation platform (hereinafter the “Service”) subject to the terms and conditions set forth herein. AAA reserves the right, at its discretion, to change, modify, or remove any of these Terms of Use (Terms) at any time. Notice of such changes will be posted on the Service.

2. User Information

All registration information will be held as confidential by AAA in accordance with AAA’s commercially reasonable business practices. Information collected may include your name, email address, and affiliation. Except as described in the AAA Privacy Policy located here AAA will endeavor to keep your information confidential. We focus on using the information as part of AAA’s service to you and its mission to promote worldwide excellence in accounting education, research, and practice.

3. Permitted Use and Duration of Access

AAA grants to you repeated online access to the Service on a temporary basis and for an unspecified period. AAA reserves the right to terminate the Service at any time.

You agree to use the Service and this online access in a way that conforms to all applicable laws and regulations, and you specifically agree not to make any attempt to gain unauthorized access to this or any other system or network accessed with your Service account. Authorized Users may access, download, store, search, and print hard copy of the text. Copying must be limited to making single printed or electronic copies of a reasonable number of individual items. No text accessed via the Service may be made available to non-Authorized Users either for commercial reward or free of charge except to the extent that a single paper copy of an electronic original or of a print edition could be made available by way of inter-library loan or under fair dealing/use exemptions.

Access is grated to Authorized Users of commercial institutions solely for internal research, testing or training purposes or for person use in accordance with these terms.

Access is granted to Authorized Users of educational institutions solely for private use or research by Authorized Users. Such Authorized Users may use the Service for educational resources such as “course packs” provided solely to Authorized Users provided that electronic copies included in such educational resources are removed or deleted at the end of the semester or term in which the relevant course ends. Such Authorized Users may also make brief quotations from the content of online journals with the customary acknowledgement of the source, and copy and transmit content from individual online articles in person-to-person and non-systematic scholarly exchanges of information between Authorized Users and specific individuals.

4. Copyright and Permitted Uses

AAA’s online journals and their content, including abstracts, are copyright by AAA or are made available under license and are subject to all applicable copyright, database protection and other rights of copyright owners and publishers under the laws of the USA and other countries. Authorized Users shall claim no ownership by reason of their use of or access to the Service. ALL RIGHTS RESERVED.

AAA grants you permission for brief quotations from the text of abstracts, with the customary acknowledgment of the source. Altering, recompiling, copying, reselling, redistributing, publishing or republishing (beyond such brief quotations with such acknowledgment permitted under the preceding sentence) of any abstract text, output, search results, or other information from any Journal, or any portion thereof, including without limitation, copyright, trade secret, proprietary and/or other legal notices contained therein, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services and/or the making of print or electronic copies for transmission to any third party are prohibited except when used in the classroom for educational purposes. All rights not expressly granted are reserved to the copyright owner and publisher.

AIP shall not be required to distribute, and you shall not redistribute, any abstract to a country where the export thereof is prohibited by U.S. law, order, or regulation. You represent that you are from a “permitted country” and that this does not violate U.S. law.

5. Prohibitions

Altering, recompiling, systematic or programmatic copying, reselling, redistributing, publishing or republishing (beyond the brief quotations and classroom educational use permitted above) of any journal text, output, search results or other information from any part of the Service, including, without limitation, copyright, proprietary or other legal notices, in any form or medium is prohibited. Systematic downloading, service bureau redistribution services, printing for a for-fee-service purpose and/or the systematic making of print or electronic copies for transmission to non-Authorized Users (beyond that permitted above) is prohibited.

6. Failure of Performance

AAA or any copyright owner or publisher of any abstract made available in the Service will not be liable for any delay, downtime, abstract access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. AAA will use its commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.

7. Termination of Service

AAA reserves the right, at its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, at any time, for any reason without prior notice or liability. AAA may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any feature or content (or portion thereof), without prior notice or liability.

8. Disclaimer of Warranties; Limitation of Liability; Indemnification

AAA warrants that it is entitled to grant the licenses granted herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, AAA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ARTICLES AND JOURNALS, INCLUDING THEIR QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

AAA AND ALL COPYRIGHT OWNERS OR PUBLISHERS OF ANY ABSTRACTS MADE AVAILABLE THROUGH THE SERVICE 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 OR INABILITY TO USE ANY ARTICLE, AAA’S PERFORMANCE UNDER THIS AGREEMENT, TERMINATION OF THIS AGREEMENT BY AAA OR THE LOSS OF DATA, BUSINESS OR GOODWILL, EVEN IF AAA IS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AAA OR ANY COPYRIGHT OWNER OR PUBLISHER OF ANY ABSTRACT MADE AVAILABLE THROUGH THE SERVICE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY EVENT, INCLUDING BUT NOT LIMITED TO, ANY BREACH OR TERMINATION OF THIS AGREEMENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO AAA FOR THE AAA DIGITAL LIBRARY FOR THE PERIOD IN WHICH SUCH 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 AAA or any copyright owner or publisher of any abstract made available in the Service unless suit is filed thereon within one (1) year after the event giving rise to the claim.

You assume sole responsibility for all use of any abstract you have downloaded and agree to indemnify and hold AAA or any copyright owner or publisher of any abstract made available in the Service 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 these Terms and otherwise for AAA’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 and unauthorized distribution.

9. General

These Terms of Use constitutes the entire agreement between the parties and supersedes any prior communication or agreement between the parties with respect to the subject matter hereof. Should any of the covenants, terms, conditions or provisions of these Terms be held invalid for any reason, such invalidity shall not affect the other provisions of these Terms which can be given effect without the invalid provision, as the provisions of these Terms are intended to be and shall be deemed severable. In the event of any such invalidity, the parties (or, if in dispute, the court) shall apply valid provisions as nearly similar to such invalid provisions as shall be valid and enforceable. The headings used in these Terms are for convenience only and are not to be considered in construing the Terms.

You may not assign or transfer your rights under these Terms.

These Terms will be governed by, and construed in accordance with, the laws of the State of Florida, applicable to contracts entered into and fully performed in the State of Florida.