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PLEASE READ THE FOLLOWING CAREFULLY
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.
PLEASE NOTE THAT YOUR ACCESS TO AND USE OF OTHER PEARSON AND THIRD-PARTY PRODUCTS AND SERVICES LINKED TO OR FROM, OR ACCESSED OR PURCHASED VIA, THESE SERVICES MAY BE SUBJECT TO ADDITIONAL USAGE TERMS, PURCHASE TERMS, AND/OR PRIVACY POLICIES THAT MAY VARY FROM THE TERMS HEREIN SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER PRODUCTS AND SERVICES PRIOR TO USE.
Acceptable Use of the Services
Use of the Services is subject to Pearson’s Acceptable Use Policy (“AUP”). By accessing or using the Services you agree to comply with the terms of the AUP. Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services, or to take any other appropriate legal action, with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Services, the Service Network (as defined in the AUP), or other users, or for any other reason at the sole and absolute discretion of Pearson.
Products and Pricing
Pearson reserves the right to amend any of its pricing at any time without prior written notice, and the pricing in effect at the time of your purchase shall apply. Pearson further reserves the right to correct pricing inaccuracies, errors, or omissions, and is not required to supply you with products or services at an incorrectly displayed price, as determined in Pearson's sole discretion. Pearson, without any penalty or liability, also reserves the right, at any time and without notice to you: (1) to publish or replace current Pearson Products with new, revised, or updated products at any time; and (2) to place any Pearson Product “out of print” or otherwise discontinue offering a Pearson Product for purchase.
You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Services for non-commercial, personal use only, and subject to the terms and restrictions set forth herein.
Representation and Warranty
Links to and from Other Websites
Copyright and Trademark Notices
The entire content of the Services 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 the Services without the express written consent of Pearson and/or its licensors is strictly prohibited.
Unless otherwise indicated, trademarks that appear on these Services are trademarks of Pearson or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pearson or its affiliates. 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
OUR EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE 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;
(2) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; AND
(3) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES 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 THE SERVICES, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES.
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 SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES; (b) 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 THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (d) ANY OTHER MATTER RELATING TO THE SERVICES.
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.
Feedback and Submissions
We welcome specific feedback regarding existing Pearson Products and Services, which may be provided here. You hereby acknowledge that all right, title, and interest and any other intellectual property rights in such feedback, comments, or suggestions shall become the exclusive property of Pearson and may be used for its business purposes at Pearson’s sole and absolute discretion without any payment or accounting to you. 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 feedback, comments, or suggestions.
We will not, however, otherwise accept, review, or consider any other unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. Please do not send or provide any such submissions in any form to Pearson or any of its employees or contractors. If you nonetheless still submit them, then regardless of what your correspondence says, you agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Pearson, without any compensation to you; (2) Pearson may use or redistribute your submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Pearson to review your submissions; and (4) there is no obligation to keep any submissions confidential.
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on the Services 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:
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 being infringed upon;
Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Services (“Infringing Material”), and information reasonably sufficient to permit Pearson to locate such material on the Services;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice 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.
General Information; Governing Law
The Services are owned and operated by Pearson and the contents of the Services are protected by copyright of Pearson and/or its licensors.