Pearson Education, Inc. (“Pearson” or “We”) provides this application, site and/or service (collectively, “Service”) and these Terms of Use govern your use of this Service. Please carefully read this Terms of Use, which includes the Privacy Policy [links to suggested Privacy Policy content]. By using or accessing this Service, you represent that you have read, understood and agree to the Terms of Use in their entirety, including the Privacy Policy. If you do not agree with any part of the Terms of Use, including the Privacy Policy, then please do not use the Service.

1. Changes in Terms of Use

Pearson has the right to change or modify the Terms of Use, including the Privacy Policy, applicable to your use of the Service, or any part thereof, or to impose new conditions for use of the Service. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting within the Service, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice thereof. Any use of the Service by you subsequent to such notice shall be deemed to constitute your  acceptance of such changes, modifications or additions.

2.  In addition to any other requirements specified in this Terms of Use, certain portions of this Service require that you create a user account comprised of choosing a unique user name and password and providing certain registration information such as first name, last name and valid email address (“User Account”).  Your User Account is for your personal use only and you should keep your User Account information confidential. You agree not to use another User’s user name and password to access the Service, or to provide your User Account information to another User or third party to access the Service.  You agree to provide accurate and truthful information when creating a User Account.

3. Rights to Use this Service; Lawful Use

(a) Pearson grants you a personal, limited, non-exclusive, revocable license to access and use this Service for your personal use subject to this Terms of Use. Pearson reserves the right to suspend or terminate operation of this Service at any time for any reason without liability to you. Pearson has the right to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without liability to you.

(b) In addition to other proprietary rights specified in this Terms of Use, Users may not: i) frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademarks on the Service (collectively, “Elements”); ii) gather, obtain, use, access or otherwise copy the Service or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; iv) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service;  v)  engage in any activity that interferes with, restricts or inhibits another User’s access, use or enjoyment of this Service; vi)  engage in any activity that violates or infringes in any way upon the rights of others; vii)  engage in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;  (viii) engage or encourage conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law; or (ix) upload any materials that contain advertising or any solicitation with respect to products or services, unless Pearson has expressly approved such material in advance of its transmission.

 

4. Disclaimers and Limitation of Liability

(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S OWN RISK.

(b) NEITHER PEARSON, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SERVICE OR ANY SITES OR SERVICES WITH WHICH IT IS LINKED. THE SERVICE LINKS TO OR REFERENCES SITES, OTHER SERVICES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE PEARSON HAS NO CONTROL OVER SUCH SITES, OTHER SERVICES AND INFORMATION, PEARSON MAKES NO GUARANTEE AS TO SUCH SITES, OTHER SERVICES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES, OTHER SERVICES AND INFORMATION AND PEARSON ASSUMES NO RESPONSIBILITY AS TO WHETHER A LINK OR REFERENCE LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SERVICE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. PEARSON MAKES NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR.

(c) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(d) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PEARSON AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(e) IN NO EVENT WILL PEARSON, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SERVICE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND FEATURES ON THE SERVICE.

(f) IN ADDITION TO THE TERMS SET FORTH ABOVE AND EXCEPT AS OTHERWISE PROVIDED, NEITHER PEARSON, NOR ITS AFFILIATES, INFORMATION PROVIDERS, SERVICE PARTNERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

5. Indemnification

User agrees to defend, indemnify and hold harmless Pearson, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including reasonable attorneys’ fees, arising out of User’s use of the Service.

6. Ownership of Intellectual Property

(a) The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by Pearson and portions of which are owned by other parties and licensed to Pearson. The entire contents of the Service are copyrighted as a collective work/compilation. Pearson owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or under this Terms of Use, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Pearson (or the copyright owner(s) if other than or in addition to Pearson). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

(b) The Service permits you to generate certain content, such as comments, survey answers and results, based on information provided by you, (collectively and excluding the content referenced in Section 10 of this Terms of Use, “User Content”). Pearson agrees that you shall retain ownership of your User Content provided however that by using this Service and submitting User Content to the Service, you hereby grant to Pearson and its affiliates and other Users the right to use such User Content under the Creative Commons (Attribution – Non-Commerical – 3.0 United States) license located at http://creativecommons.org/licenses/by-nc-sa/3.0/us/.

7. Uploading of Intellectual Property

User shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, User automatically grants, or warrants that the owner of such material has expressly granted Pearson the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Pearson the right to edit, copy, publish and distribute any material made available on the Service by User.

8. Trademarks

Unless otherwise indicated, trademarks that appear on this Service are trademarks of Pearson, or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear in this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pearson or its affiliates.

9. Service Content

Certain portions of the Service are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Pearson. Neither Pearson nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Pearson neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any Pearson Service by anyone other than employee spokespersons of Pearson while acting in their official capacities.

10. Submissions

Pearson always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to Pearson, either online or offline, will become Pearson’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.

11. Entire Agreement

This Agreement, and any operating rules for the Service established by Pearson, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

12. Controlling Law

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of New York. This Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

13. Compliance with United States Export Requirements

This Terms of Use and your use of the Service are subject to any laws, regulations, orders or other restrictions on export from the United States of America (the “U.S.”) of certain materials and technical data which may be imposed from time to time by the U.S. Government. Therefore, you will not transfer, directly or indirectly, by electronic means or otherwise, any of the Service and its content, or any direct products thereof, to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Pursuant to current restrictions of the U.S. Government, nationals of Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria may not use or access the Service or its content at this time.

14. Headings

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

15. Digital Millennium Copyright Act Compliance

If you have copyright concerns about any materials posted on this Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). If you have any complaints or objections to material posted on this Service, please contact our Designated Agent (“Notice”):

Designated Agent
Pearson Communications
1330 Avenue of the Americas
New York, NY 10019
email: communications@pearsoned.com

To be effective, the Notice must include the following:

• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pearson to locate the material;
• Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.