Legal notice and Terms of use

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

IF YOU ARE ACCESSING THIS TERMS OF USE (AS DEFINED BELOW) FROM A CD-ROM, PLEASE DISREGARD THIS TERMS OF USE AND READ THE TERMS OF USE PACKAGED WITH OR INCLUDED ON THE CD-ROM.

Pearson Education, Inc. and its subsidiaries and affiliates (“Pearson”) is providing you (“User”) this website (the “Site”).

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement, collectively referred to as the "Terms of Use"). The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically.  Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site provides a helpful and reliable experience to Users.  To protect our rights and yours, we have prepared this Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us.

PLEASE NOTE THAT THE USAGE AND PURCHASE TERMS AND PRIVACY POLICIES OF VARIOUS PEARSON PRODUCTS AND SERVICES WITHIN THIS SITE OR LINKED TO THIS SITE MAY BE SUBJECT TO DIFFERENT TERMS AND POLICIES.  PLEASE CHECK THESE TERMS AND POLICIES FREQUENTLY TO DETERMINE THE TERMS APPLICABLE TO SUCH PEARSON PRODUCTS AND SERVICES.

BY USING INFORMATION FROM THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY IT AND THAT YOU ARE AN AUTHORIZED USER (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR YOU ARE NOT AN AUTHORIZED USER, YOU SHOULD NOT USE THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

Pearson is concerned about the safety and privacy of all users, particularly children, of this Site.  Please read our Privacy Statement, which is an important part of these Terms of Use.

Authorized User License

You must be an “Authorized User” to use this Site.  An “Authorized User” shall mean a student, faculty member/representative, school employee or board member who has gained lawful access to this Site (and such access has not been terminated) directly from Pearson or from Pearson as provided through the school of which such individual is affiliated through a secure user authorized password protected site.  If you are not an “Authorized User” you may not view or otherwise use this Site and any such use shall be a violation of these Terms of Use.  Authorized Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for non-commercial, personal, academic, educational, instructional, and related administrative purposes only.  Modifications of any materials on this Site for any purpose other than as contemplated in the Terms of Use is a violation of Pearson's and/or its licensors’ copyright and proprietary rights. Authorized User agrees not to adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials on this Site unless specifically authorized in writing by Pearson to do so.  Authorized User agrees to turn off the ability to “spider” or make this Site searchable from the Internet.  Neither Pearson nor its licensors guarantee the accuracy or completeness of any information or content. Authorized User agrees that it must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Representation and Warranty

As a condition of use of this Site, you warrant to Pearson that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You represent and warrant that you are an Authorized User.  You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site.  You further agree not to distribute, share, modify, post, display or otherwise exploit the authorized password or unique URL provided to you for access to this Site to any third party or other users, and you will not use the authorized password or unique URL in any manner not consistent with this Terms of Use. 

Postings

To the extent that certain areas of this Site provide Authorized Users an opportunity to post messages, content or other material (collectively, "Postings"), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of Pearson. To the fullest extent permitted by applicable laws, Pearson shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. Pearson reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby forever authorize Pearson to use and/or authorize others to use and modify all or part of your Postings in any manner, format, or medium that Pearson or such other parties see fit. You shall have no claim or other recourse against Pearson or any authorized third parties for infringement of any proprietary right in Postings.

Termination

Pearson reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, this Site or any part thereof or terminate any Authorized User’s access to this Site or any part thereof.  Pearson also may modify, delete or adapt this Site at any time without any notice or obligation to the Authorized User at Pearson’s sole discretion. Your right to use and otherwise access this Site is automatically terminated (a) if you cease to be an Authorized User or (b) if you violate these Terms of Use.  You agree that Pearson will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof.  Upon termination for any reason, you must cease all access to this Site.  All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Pearson’s ownership rights and your representations and indemnities shall survive termination.

Links to Other Sites

You may have linked to this Site through your school’s secure user authorized password protected intranet site, which is a third party site.  This Site may provide links to other third party websites or resources. Because we do not control your school’s intranet site or such other third party websites and resources, you acknowledge and agree that Pearson is not responsible or liable for the content, products or performance of your school’s intranet site or such other third party websites and resources, and you hereby irrevocably waive any claim against Pearson with respect to your school’s intranet site or such other websites and resources. Pearson reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Pearson of that website or resource, or any products or services provided therein. The information practices of those websites, including your school’s intranet site, are not covered by these Terms of Use or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of your school’s intranet site and any third party website linked to this Site before providing any information to those websites or using their products and services.

Please note that this Site may also provide links to other sites brought to you by Pearson. The privacy statement and terms of use of other Pearson sites may vary from these Terms of Use. We recommend that you review the privacy statements, terms of use and other policies or terms that may apply to other Pearson sites if you should choose to use such sites.

Copyright and Trademark Notices

The entire content of this Site and any supporting software are the proprietary property of Pearson and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of Pearson and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED;

(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER PEARSON NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS SITE.

Limitation of Liability

IN NO EVENT SHALL PEARSON OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PEARSON OR AN AUTHORIZED PEARSON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. 

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Pearson and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Pearson by any third party due to or arising out of your use of this Site, your connection to this Site, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

Submissions

Pearson always welcomes suggestions and comments regarding this Site.  Any comments or suggestions submitted to this Site or 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.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this Site 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).  Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Designated Agent
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Facsimile: (201)785-2721
email: dmca.agent@pearsoned.com

To be effective, the Notice must include the following:

General Information; Governing Law

The Terms of Use constitute the entire agreement between you and Pearson, govern your use of this Site, and supercede any prior agreements between you and Pearson concerning this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of Pearson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent

jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor

to give effect to the parties’ intentions as reflected in the provision, and the other

provisions of these Terms of Use remain in full force and effect.  You agree that

regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please report any violations of the Terms of Use to us at (800) 848-9500.

Last Update to Legal Notice and Terms of Use

Pearson Education, Inc. (Revised – January 2011)