ProQuest provides certain web-based services (referred to each as a “Service” and currently marketed under the brand “OASIS”), providing libraries and institutions with workflow tools that streamline selection and acquisition of materials of all types– books, ebooks, video and more.
Customer Accounts. Customer will need its own account to use the Service, and Customer and their designated users will be required to be logged in to the account and have a valid payment method associated with it. Customer is responsible for maintaining the confidentiality of its account and its passwords or other authentication methods and for restricting access to its account(s). ProQuest is not responsible for any liability arising from any unauthorized use of the Service, and Customer accepts responsibility for all activities that occur under its account(s).
Permitted Uses. The Service is made available for the use of Customer in the selection and acquisition of materials for its own use and consistent with the features and functionality built into the Service. The license granted does not include (a) any resale or commercial use of the Service or any of its content; (b) the collection and use of any product listings, descriptions, or prices other than as part of the Service; (c) any derivative use of the Service or its content ; (d) any downloading, copying, or other use of account information for the benefit of any third party; or (e) any use of data mining, robots, or similar data gathering and extraction tools. Customers are responsible for compliance with all applicable laws. ProQuest reserves the right to deny access to Customers or their designated users at any time in its sole discretion.
Use of Customer Provided Information.
Information in the Service. The name, address, and payment information Customer provides, together with information regarding the manner in which the Customer uses the Service, may be used in the administration of Customer’s account as well as for Customer’s selection and acquisitions activities. Customer agrees that ProQuest may use anonymized data derived from information gathered by ProQuest in the course of the Customer’s use of the Service to improve the Service and related library services. The anonymized data includes data that describes the habits, usage patterns, and/or demographics of Customers or users as a group but does not describe or reveal the identity of any particular Customer or user.
Information about Customer’s Library. Title level holdings, fulfillment and reading list statistics (if available) from Customer’s library systems may be used for the purposes of providing analytics and reports such as collection development and selection reports and capabilities (if available). Anonymized title level holdings, non-identifiable fulfillment, reading list statistics, and related information may also be used for the purposes of enhancing services, features and functionality such as collection development and selection reports and capabilities of the Service and related library services, including but not limited to, homepage widgets on trending titles by subject and professional reviews in the purchase workflow. For the avoidance of doubt, no personal information or financial transaction details from Customer will be used for the purposes of providing these reports and capabilities unless express consent is obtained from the Customer. No specific information regarding the source of the institutions providing the anonymized data which are used in creating and providing of the reports and capabilities will be made available to third parties.
Reviews and Product Information. Much of the product information provided in the Service belongs to third parties and is used in the Service subject to license from the owner or incidental to the offer of the product for sale through the Service. Reviews displayed in the Service are sourced from publications and used under license; no further use of the reviews or product information may be made without the express written consent of the copyright holder. ProQuest attempts to be as accurate as possible, however ProQuest does not warrant that product descriptions or other content in the Service is accurate, complete, reliable, current, or error-free.
Prices. List Price means the suggested retail price of a product as provided by the chosen supplier (each a “Provider”). Despite ProQuest’s best efforts, prices may not be accurate and actual prices may vary. The information supplied is believed to be accurate, but neither ProQuest nor any of the Providers warrant or guarantee such accuracy. Customer’s invoice will reflect the final price.
Fulfillment. When Customer submits an order through the Service, the designated Provider of the items ordered are responsible for the fulfillment of the order.
Applicable Terms. If Customer submits an order for products that reside on a publisher direct, distributor or aggregator platform (each referred to as a “Provider”), Customer acknowledges and agrees that use of the products is subject to the Provider’s terms and conditions which may be separately negotiated and executed between Provider and Customer. Notwithstanding the applicability of Provider’s terms and conditions, payment for such products ordered through the Service shall be made to ProQuest.
Provider Platform Account Set Up – Consent to Share Information. Provider platform account activation and operation are subject to policies and procedures of the provider. Each Customer is responsible for providing all required information for account set up and activation. Customer consents to ProQuest and Provider sharing its account information to the extent necessary to ensure timely set up of Customer access to the Provider platform and fulfillment of the items ordered. Incomplete information will result in delays.
Order Confirmation. Customer is responsible for confirming that its purchases show up on the publisher platform. If the items do not show up within the time frame noted at the time of the order, or if an account isn’t activated for Customer’s institution, please contact the ProQuest support team who can help remediate with the Provider. The Provider is responsible for establishing and complying with all service levels associated with its own platform performance.
Invoicing/Payment. Customer will remit payment to ProQuest for the items ordered through Rialto, within net 30 days of ProQuest’s invoice.
Liability Disclaimer. THE SERVICE AND ANY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED FOR PURCHASE THROUGH THE SERVICE OR ON ANY PROVIDER PLATFORM OR SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IMPROVEMENTS AND/OR CHANGES IN RIALTO OR ANY PROVIDER PLATFORM OR SITE MAY BE MADE AT ANY TIME. NEITHER PROQUEST NOR ANY PROVIDER MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE THEIR PLATFORM, WEBSITE, OR SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROQUEST OR ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR A PUBLISHER PLATFORM WITH THE DELAY OR INABILITY TO USE THE SERVICE OR A PUBLISHER PLATFORM EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT CUSTOMER’S JURISDICTION HAS LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.