Disclaimer, terms and conditions: Premium subscription

The following are additional ("Additional Terms") to the standard disclaimer, terms and conditions ("Standard Terms"). The Standard Terms apply to all users of both Standard and Premium editions of the Updates . The Additional Terms apply specifically to those people or parties (such as institutions) who/which have purchased a Premium subscription ("Premium subscribers"). (If you want to see the Standard Terms click on the link at the end below.)

By making such purchase and/or using the Premium Updates or the portions of our website which require a password to log-in, Premium subscribers agree that they have understood and agree to be bound by the Additional and the Standard Terms.

Current as of 1st December 2008

NOTE: Our terms relating to refunds are stated in clause 4.

Terminology
These Additional Terms incorporate the terminology definitions set out in the Standard Terms . In addition, the following definitions and variations to definitions of terms apply to the Additional Terms:
• Premium Updates includes all archived issues of the Standard Updates of issue number greater than #86.
• Premium resources: are web pages, downloads and other resources present on our website at www.nutritionupdates.org for which access to requires a log-in session based on a validated password, as well as any other material made available primarily to Premium subscribers by any means.
• Archived issues: issues of previous issues of either Premium and/or Standard Updates obtained from the website.
• Institutional subscriber refers to a Premium subscriber who/which has purchased an institutional subscription based upon a specific number of end users greater than one.
• Current Email Address is the email address provided by the subscriber at the time of subscription or as subsequently notified by the subscriber to Arbor using the method described towards the end of each email edition of the Updates.
• Third Party Provider includes any third party or parties used by Arbor to provide administrative or financial transaction services in connection with the payment and renewal of subscriptions and/or the issuing of passwords.
• Subscription conditions are the cost, subscription period, renewal arrangements and any special offers for the subscription applicable to any particular Premium subscription.

1. Delivery of the Premium Updates:
(a) Arbor will take reasonable care to email each Premium Update issue to all Premium Subscribers at the Current Email Address (except where alternative arrangements have been agreed, for example for institutional subscribers). It is the subscriber's responsibility to notify Arbor of any address changes using the method described towards the end of each email edition of the Updates and at least two weeks before the change comes into effect.
(b Arbor will use standard mailing list or equivalent software to deliver the Premium Updates. Because many factors outside of Arbor's direct control can mean that an email sent by Arbor in this way does not reach its destination. Arbor will not be liable in any way for the failure of any Premium Update issue to reach a subscriber, but will ensure that an Acrobat version of each Premium Update issue is available to Premium subscribers on the Website. When a Premium subscriber does not receive a Premium Update issue the appropriate remedy in every case will be for the Premium subscriber to download the issue from the Website.

2. Subscription conditions:
(a) Subscription conditions will be clearly indicated as part of the subscription process and this information will appear on the page or pages on the Website through which such subscription is offered, where the subscription period will usually be expressed as a number of issues per year (the issue-limited subscription period).

Subsciption conditions may also appear on the page or pages of the Third Pary Provider through which the subscriber makes the actual purchase, and where the subscription period will usually be stated as a length of time without reference to any number of issues (the time-limited subcription period). The subscriber agrees that those Third Party subscription conditions also apply to their subscription in so far as they do not limit Arbor's rights or increase its obligations or liabilities in relation to the subscriber or the subscription.
(b) Issues will be distributed to Premium subscribers via email in accordance with the issue-limited subscription period. However, on-line access to the Premium section of our web site, including access to archived issues and any other resources intended for Premium subscribers only, is strictly limited to the time-limited subscription period purchased, regardless of how many issues have been distributed in that time period. (This is because the main value of the on-line access element of a Premium subscription is to gain access to the archived issues, not to on-line access of the ongoing new issues that are released during that subscription period, since these will be sent by email. The time period over which the specified number of Update issues is published may vary from time to time).

3. Fair use:
(a) Premium subscribers are entitled to use the Premium Updates for their personal use only, including to print out the Updates and to make a single copy of the Updates (one each of the email and the Acrobat versions) for backup purposes. Commercial use of the Premium Updates is specifically prohibited.
(b) Premium subscribers may download archived issues and other Premium resources found on the website, and may do so such reasonable number of times as is necessary to facilitate fair use.
(c) Unlike the Standard Update issues, Premium subscribers may not forward or share use of Premium Updates or Premium resources to or with any other person or party, nor may they share with or allow to be used by any other party in connection with the Website the password that allows them to access the Premium resources on the Website. Neither Premium subscribers nor any other party not expressly authorised in advance and in writing by Arbor may include extracts of the Premium Updates in any other publication or communication other than quotation of a small extract for the purpose and under normal conditions of fair academic use (for example in referring to an issue's content within an academic paper or discussion). Premium subscribers may not wilfully or recklessly misrepresent the contents of the Updates, Premium resources or the website, nor claim, sell, rent or otherwise assign ownership or rights including copyright of any content over which Arbor holds intellectual rights.
(d) Any violation or breach of fair use shall be grounds for Arbor to terminate the Premium subscriber's subscription forthwith and in these circumstances Arbor will not be liable in any way to the Premium subscriber nor to any other party, including not being liable to make any refund. The subscriber will be liable and responsible to Arbor and/or any third party for any adverse consequences of such violation or breach.
(e) Arbor is entitled to implement a password system to restrict access to and use of the Premium Updates to Premium subscribers only and to monitor such access, downloads and use to ensure that fair use is complied with. Premium subscribers are responsible for keeping and maintaining the security of their password and for any consequences of not doing so. Where monitoring suggests that a password is being used by someone other than the Premium subscriber to whom it was issued or in a way other than for fair use Arbor may issue a new password to the Premium subscriber to whom the old password was issued. A repeated breach of password security will be prime facie grounds for concluding that fair use has been breached. (For the purposes of these Terms, "password" includes a changed password of the subscriber's own chosing which they have substituted for the previous password issued by Arbor).
(f) Variations of this fair use clause may apply to Institutional subscribers, but such variations are restricted to those contained in clause 6 below, or any separate Institutional Terms that may be displayed by Arbor on the Website as part of the Institutional subscription process or are otherwise agreed in writing in advance by Arbor.

4. Renewing subscriptions, termination and refunds, financial arrangements:
(a) Arbor may use one or more Third Party Provider, for example in the financial transaction of purchasing a Premium subscription. In such case subscribers are entirely responsible for their own relationships with any Third Party Provider, including notifying that provider should they wish to cancel their authorisation to renew a subscription. Other than providing the subscriber with their Premium subscription, Arbor is not responsible nor will it be liable for any aspect or consequences of the relationship between the Third Party Provider and the subscriber. Arbor is not in partnership of joint venture with any Third Party Provider.
(b) A subscriber is not obliged to renew nor is Arbor obliged to accept a renewal of a subscription and no liability whatsoever will attach to either party for not doing so. A subscriber may cancel their subscription at any time by following the instructions which appear towards the end of the email version of each issue of the Updates. Regardless of any communication from the Website or to Arbor, it is the subscriber's responsibility to withdraw any renewal authority with the Third Party Provider direcly with that Third Party Provider as provided for in clause 4(e).
(c) When a subscriber purchases a Premium subscription on the basis that it will automatically renew each year unless the subscriber cancels their subscription ("Renewing subscription"), the subscriber is thereby authorising Arbor to charge the subscriber (e.g. through the Third Party Provider, using whatever method, such as credit card, bank account etc. that the subscriber has authorised that Third Party Provider to use) a subscription amount equal to that initially charged and to do so on each occasion when the subscription period expires for so long as the subscriber has not subsequently cancelled their subscription in the manner set out in clause 4 (e).
(d) Refunds/reversals: The subscriber agrees that the only basis for requesting a reversal (sometimes referred to as a "chargeback") or refund of a subscription payment already made, or of other charges from Arbor or from a Third Party Provider in connection with a Premium Subscription, will be consistent failure of Arbor to publish the Premium Update issues or to make them available to the Premium subscriber on the website by the usual means. (This does not limit a reversal or refund being requested by someone because of fraud, insofar as a payment was taken from their accounts without their authority and despite the fact that they were not the person or party who attempted to subscribe. In this case, for the purpose of the Additional Terms that person was not a subscriber to begin with).

If any subscription payment, whether original or renewal, shall be refunded or reversed for that or any other reason (whether this was initiated by the subscriber, by the Third Party Provider or by a credit card company, bank or other financial institution involved in the transaction), both the issue-limited and time-limited subscription period related to that subscription will immediately be at an end, regardless of how many issues have been distributed to the subscriber up to that point in time, and the subscriber agrees to immediately destroy and/or entirely delete from any electronic storage media the original and all copies of any Premium Updates they have received and any other material they have downloaded from the restricted part of the Website during the subscription period the payment for which has been reversed or refunded.

(e) A subscriber may cancel their authority to renew their Renewing subscription at any time prior to the time when it is next due for renewal and the renewal has not yet been paid. Where the initial subscription was made through a Third Party Provider the subscriber is fully responsible for cancelling this subscription themselves through that Third Party Provider and under no circumstances can such cancellation be done by notifying Arbor directly.

Where a subscriber does not pay the renewal when it is due this is taken to mean cancellation of the subscription by them.

There will be no financial penalty owed to Arbor for so cancelling an authority to renew a Renewing subscription and the subscriber is entitled to receive all remaining Premium issues due for their current already-paid subscription in accordance with clause 2. However, if the Renewing subscription was offered at a cost less than that applying at that time for a one-off subscription and the subscriber cancels the renewal authorisation less than 3 months after the subscription commenced, the subscription period will be reduced by 5 issues.
(f) Regardless of whether an acknowledging email regarding a subscription has been sent by either Arbor or the Third Party Provider or whether they have been sent any Premium Updates or whether a password has been issued that has allowed the person to log in to the Website, a subscription has been purchased only when payment in full has been received by Arbor, or it has been notified by the Third Party Provider that the subscriber's payment has been authorised and is complete.
(g).When renewing a Renewing subscription, Arbor may not charge a greater amount nor reduce the subscription period that applied to the preceding subscription period without the subscriber's express prior consent. Since it is reasonable to expect that over time the cost of a Renewing subscription will eventually increase, Arbor may certainly request the subscriber to agree to such change. Such agreement is only valid when signed by the subscriber in writing or, if provision is made to authorise such increase through by a Third Party Provider using secure electronic means (such as clicking a button clearly designated as authorising the new charge and/or subscription period after logging into their password protected account) by the subscriber's legitimate use of those means to so authorise the change. If the subscriber so agrees, then the authority provided to Arbor in clause 4 (c) will apply to the new charge and/or subscription period for subsequent renewals. If the subscriber does not so agree, Arbor may either elect to continue to renew the subscription on the basis it was originally agreed or to terminate the subscription effective from the expiry of the subscriber's current subscription period.

5. Features of Premium Updates:
(a) By purchasing a Premium subscription a subscriber is primarily purchasing the right to receive the specified number of Premium Updates in English that will not be made generally available to all subscribers and to access Archived issues.
(b) Premium subscribers can access Archived issues by downloading them as Acrobat documents from the Website. Arbor is not responsible for providing Archived issues to Premium subscribers through any other means. The subscriber is responsible for having the relevant hardware, software and Internet connectivity prerequisites which may be required for them to access, download, read and print the Updates.
(c) Whilst Arbor intends to include features in at least some Premium Update issues that are not present in the Standard Updates, Arbor does not warrant or provide any guarantees about such features, their number or in which issues they might appear and the subscriber agrees that such features are not an essential part of their purchase. Arbor reserves the right to distribute Premium Updates and Archived issues in any way it choses other than to all subscribers generally (for example under licence or to subscribers from developing countries), and to distribute them to all subscribers and any others from 12 months after the Premium Update issue was first published.

6. Institutional subscriptions
a) Institutions who have current institutional Premium subscriptions have the right to nominate to Arbor for distribution or arrange with Arbor for other means of providing access to the Premium Updates for a number of bone fide staff or members of their institution up to the maximum number applicable to the particular subscription item they have purchased ("institutional limit"). This institutional limit will be the maximum number of users for the subscription item paid for, as stated on the Website at the time of purchase, and which will also appear in the email receipt sent to the subscriber after payment. It is the institution's responsibility to ensure that this limit is adhered to.
(b) Staff and members of the institution have the same rights and responsibilities in regard to the Updates as individual Premium subscribers, including those regarding fair use, except that they may share the Updates with other members of that institution (including students) eligible under these terms and conditions, provided that the total number having access (including by sharing) remains within the institutional limit..
(c) Where access arrangements made with Arbor for institutional members and staff are based on institution-specific IP recognition, it is the institution's responsibility to ensure that access to the Internet via those nominated IP numbers is restricted to its staff and members using the institution's intranet. Where access arrangements made with Arbor for institutional members and staff are based on linkage from a password-protected section of the institution's website, it is the institution's responsibility to ensure that such access to that part of the website is restricted to staff and members possessing valid passwords assigned by the institution.
(d) Where Arbor has reasonable grounds to suspect that the institutional limit or other of these terms and conditions are not being adhered to, it has the right to take such steps to alter access arrangements so as to ensure that access does comply with the institutional limit and these terms and conditions.

7. Change to these Additional Terms:
Arbor may change these Additional Terms at any time without giving prior notice to the subscriber. Where there is a significant change, particularly one affecting the rights or obligations of either party in relation to the other, Arbor will display a notice in the upper left hand of this web page stating that a change has been made and will also state this in an email sent to Premium subscribers within 3 weeks of the change having been made (for example in the "Disclaimer, terms of use and copyright" section of the email version of an issue of the Updates). In the event that the subscriber does not agree to be bound by the new Additional Terms, they must immediately email or write to Arbor notifying us of this fact. In that case, the Additional Terms existing prior to the change will remain in force between Arbor and that subscriber until such time as the subscriber's current subscription period expires. Thereafter the Additional Terms displayed on the Website at the time of any renewal of the subscription will come into force.

Click here to see Standard terms