By clicking "Buy Subscription" or using the Pearson+ Services, you are entering into this Subscription Agreement, which is a binding contract with Pearson Education, Inc. for the benefit of itself and its affiliates (collectively, “we,” “us,” or "Pearson").
You are subscribing to Pearson+ (otherwise referred to as “Pearson+ Services,” “our Services,” or “the Services”), which allows you, during the term of your Subscription, to access certain educational or other content (“Pearson+ Content”) on certain Internet-connected mobile devices, desktop computers, and other supported devices (“Supported Devices”).
This Subscription Agreement incorporates by reference Pearson’s Universal Terms of Service and End User License Agreement (“UTOS”), and your use of the Pearson+ Services is subject to the terms set forth therein. We’ve tried to ensure that the terms of this Subscription Agreement and the UTOS are consistent, but if there is any conflict between them relating to your use of the Pearson+ Services, the terms of this Subscription Agreement will prevail.
THIS SUBSCRIPTION AGREEMENT INCLUDES A DISPUTE RESOLUTION PROVISION IN SECTION 7 THAT REQUIRES ARBITRATION OF DISPUTES AND WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION (EXCEPT IF YOU OPT-OUT OR FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
The section headings and italicized summaries contained below are for your convenience only, and do not have any legal meaning or effect.
1. Data Privacy, Collection, & Use
Pearson's data collection and use practices for the Pearson+ Services are explained in the Pearson+ Privacy Notice. We will collect, process, and use your personal information in accordance with this policy.
2. Your Subscription
Your Subscription will end after your initial subscription period unless you turn on auto-renew in your account settings, after which your Subscription will automatically renew each month until you turn off auto-renew.
Your Subscription begins on the date you pay to access the Pearson+ Services and will continue for an initial subscription period (which can be found in your account settings), during which time your Payment Method will be billed each month. If you turn on auto-renew in your account settings, your Subscription will continue beyond your initial subscription period and automatically renew on a month-to-month basis for additional one-month subscription periods until you turn off auto-renew in your account settings. Details regarding your Subscription term and status may be viewed and managed in your account settings. To use the Pearson+ Services you must have Internet access and a Supported Device and provide us with one or more Payment Methods as described below in the “Payment, Billing, & Price Changes” Section below.
3. Promotional Offers
We may, but are not required to, offer you special deals or promotions for Pearson or third-party products or services.
Through the Pearson+ Services, we may from time to time provide you with promotional offers, plans, or subscriptions for additional products or services from Pearson or third parties. Eligibility for Pearson-provided offers is determined solely by Pearson, and we reserve the right to revoke offers and/or product or service access if we determine you are not eligible. In the event that a Pearson-provided offer mistakenly lists an incorrect price or offer term, Pearson reserves the right to refuse or cancel any orders placed for the offered product or service, whether or not the order has been confirmed and whether or not you have been charged for such offer, product, or service.
Eligibility for, and the terms and conditions governing, third-party offers and product or service access are determined solely by the third-party. Pearson is not responsible for any aspect of such third-party offers, or the delivery, quality, or satisfaction of any related third-party products or services.
4. Payment, Billing, & Price Changes
You can pay with your credit card or PayPal account, which we’ll charge each month your Subscription is active. But we reserve the right to change our plans or pricing at any time.
Payment Methods. You may pay for your Subscription using: (1) a valid Visa, MasterCard, American Express, Discover, or JCB credit card or debit card; or (2) PayPal (each a “Payment Method”). You agree that your selected Payment Method may be charged by Pearson when you subscribe. You agree to pay all amounts due at the time you place your order. All amounts are non-refundable unless otherwise noted below. Confirmation of your order will be sent to the email address on file for your account. You are responsible for all taxes and tariffs. Pearson will collect and report state and local taxes applicable to your billing address and charge such taxes to your Payment Method. If Pearson is unable to successfully charge your Payment Method for the full amount owed, you agree that Pearson may pursue all available lawful remedies in order to obtain payment.
Updating your Payment Methods. You may update your Payment Methods in your account settings. We may also update your Payment Methods using information provided by PayPal. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Monthly Billing Cycle. Subscription fees, and any other charges you may incur in connection with your use of the Pearson+ Services, such as taxes and possible transaction fees, will be charged to your Payment Method each month your Subscription is active. Your billing cycle is monthly. Subscription fees are fully earned by us upon payment. We may authorize your Payment Method in anticipation of Subscription-related charges through various methods, including authorizing it for the total amount due for the initial subscription period as soon as you subscribe. If your payment fails for any reason, your Subscription may be temporarily suspended for you to correct the issue. If the issue is not corrected, your Subscription may be suspended indefinitely or terminated.
Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for the Pearson+ Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Subscription Agreement, if you have auto-renew turned on any price changes or changes to your subscription plan will take effect on the next monthly billing cycle following notice to you or the end of your initial subscription period, whichever is later.
5. Cancellation, Refunds, & Credits
You may cancel your Subscription for a full refund within your Refund Period, and (if you’ve turned it on) you can turn your Subscription’s auto-renewal off at any time.
Cancellation and Refund. You may cancel your Subscription and request a full refund during the refund period described at your time of purchase (“Refund Period”) by contacting Pearson Support. If you cancel and request a refund, your access to the Pearson+ Service will end immediately. After your Refund Period, your Subscription fee is nonrefundable. Pearson will not provide a refund or credit for partially used Subscriptions.
Auto-renewal. You can convert your Subscription to an auto-renewing Subscription by turning on auto-renewal in your account settings. You can subsequently prevent your Subscription from auto-renewing at any time by turning off auto-renewal in your account settings. If you do, your access to the Pearson+ Services will continue through the end of your current subscription period (or, if applicable, the initial subscription period), at which time your access will end.
Credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
6. Service, Device, & Content Limitations
Your Subscription to use and enjoy Pearson+ comes with some limitations.
As set forth in the UTOS, your use of the Pearson+ 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. As described on the Pearson+ website, device and download limitations also apply. The number and type of Supported Devices that may be used to access the Pearson+ Services is limited, as are the number of downloads of Pearson+ Content for offline consumption via mobile apps (web-based downloads are not available). Pearson reserves the right to change its Supported Device and download policies at any time. Notice of such changes will be posted on the Pearson+ website. Additionally, Pearson+ Content is regularly updated. We may add or remove content from the Pearson+ Services in our sole discretion.
Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services, or to take any other available legal action, with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of this Section, including the AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Pearson+ Services, or the Services or Service Network as defined in the AUP, or other users, or for any other reason at the sole and absolute discretion of Pearson.
7. Class Action Waiver & Binding Arbitration
You and Pearson are agreeing to establish a process to resolve disputes. We encourage informal resolution and, if not and unless an exception applies, you and Pearson agree to resolve any disputes in individual, binding arbitration.
Arbitration Required. We realize that legal disputes can be costly and time-consuming, so have included an agreement to try to resolve any disputes between you and Pearson as efficiently as possible. IF YOU AND/OR PEARSON DO NOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT AND UNLESS YOU OPT-OUT OF ARBITRATION, ANY DISPUTE SHALL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE U.S. FEDERAL ARBITRATION ACT. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. “Dispute” includes any complaint, action, demand, or other controversy, between you and us concerning the Pearson+ Services, this Subscription Agreement, the Pearson+ Privacy Notice and/or any communications between us related to Pearson+ Services, this Subscription Agreement and/or the Pearson+ Privacy Notice and whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Pearson empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Subscription Agreement is void or voidable.
Informal Dispute Resolution & Small Claims Court. Typically, you and we can resolve any concerns you have about the Pearson+ Services by contacting Pearson Support. If you are still not happy with the result, you or Pearson must send to the other party a notice of dispute, which is a written statement that includes the name, address and contact information of the party giving the notice, describes the facts, and the requested relief. You must send the notice of dispute to: Pearson Legal Department, 221 River Street, Hoboken, NJ 07030. We will send any notice of dispute to you at the billing address we have for you. You and Pearson will attempt to resolve a dispute through informal negotiation within 60 days from the date the notice of dispute is sent. Only if you and we have not resolved the dispute after the 60 days, may you or we commence an arbitration proceeding as described below. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first, so long as you proceed only on an individual basis.
How Arbitration Works. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to start arbitration are available at www.jamsadr.com or 1-800-352-5267. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of California, you or we may sever and bring any claim for public injunctive relief related to the Dispute in court.
Arbitration Location and Costs. Unless you and Pearson agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in the city or county where you reside. If you are located outside of the U.S., any in-person arbitration will take place in New York, NY. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, Pearson will pay your filing fee and any documented costs and expenses up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND PEARSON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND PEARSON HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Right to Opt Out of this Arbitration Agreement. You may opt out of this Dispute Resolution provision within the first 30 days after: (1) you first subscribe to the Pearson+ Service; or (2) we notify you of a material change to this Dispute Resolution provision. You may opt out by sending an opt out notice via registered mail to: Pearson Legal Department, 221 River Street, Hoboken, NJ 07030. You should include your name, email address, mailing address, and the words “Reject Arbitration.”
Governing Law and Survival. You agree that this Dispute Resolution provision shall be governed by the Federal Arbitration Act and interpreting case law. To the extent state substantive law applies to any dispute, we agree that the dispute will be governed by and construed subject to the laws of the State of New York, without giving effect to its conflict of law principles. You and Pearson agree that this Dispute Resolution provision will survive the cancellation of this Pearson+ Subscription Agreement and/or your Pearson+ Service. Except with respect to the class action waiver, if any portion of this Dispute Resolution provision is determined by a court or the arbitrator to be found unenforceable, that portion shall be ineffective without affecting the enforceability of the rest of the provision.
8. Customer Support
To find more information about the Pearson+ Service and its features, or if you need assistance with your account, please visit Pearson Support. In the event of any conflict between this Subscription Agreement and information provided by Customer Service or other portions of Pearson’s websites, this Subscription Agreement will control.
9. Changes to Subscription Agreement
We may occasionally need to update the rules in this Subscription Agreement. But if we make meaningful changes, we’ll let you know. By continuing to use Pearson+, you agree to follow the updated rules.
Pearson may make changes to this Subscription Agreement from time to time for any reason. Typically, these changes are made to conform to current practices, to comply with changing regulatory requirements, or for other similar purposes. If Pearson modifies this Subscription Agreement in a manner that materially changes the terms or scope of the services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to this Subscription Agreement has been provided will constitute your consent to the revised Subscription Agreement terms, which shall apply to any use of the services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (1) must so notify Pearson at Pearson Support within thirty days after receiving notice of such change; and (2) may terminate your Subscription and your use of the Services. If you have any questions about this Agreement, please contact us at Pearson Support.
Last Revised: November 3, 2021