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Terms and Conditions

Terms of Service for CengageBrain.com

Cengage Learning, Inc. (referred to as "us," "we," "our" or "Cengage Learning") provides the CengageBrain.com web site (the "Site") and various related products and services (collectively with the Site, the "Service") subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Service ("Terms of Service"). In addition, when using certain current or future features of the Service, you shall be subject to any posted guidelines or rules applicable to such features that may contain terms and conditions in addition to these Terms of Service. All such guidelines or rules are hereby incorporated by reference into and made a part of these Terms of Service.

As used in these Terms of Service, "you" and "your" refer to the user named in the online registration form completed by or on behalf of you in connection with your registration for the Service, and references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, licensors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Service.

BY CLICKING THE "I AGREE" BUTTON (OR LOGICAL EQUIVALENT) CONTAINED IN AN ONLINE ORDER OR REGISTRATION FORM OR OTHERWISE DISPLAYED AS PART OF THE ORDERING OR REGISTRATION PROCESS, OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS, INCLUDING ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THESE TERMS OF SERVICE, AS IF YOU HAD SIGNED THESE TERMS OF SERVICE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO US THAT THE YOU ARE DULY AUTHORIZED TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, YOU MUST CLICK THE "I DO NOT AGREE" BUTTON (OR LOGICAL EQUIVALENT) AND MAY NOT USE THE SERVICE.

If you are entering into these Terms of Service on your own behalf, you hereby represent and warrant that you are at least eighteen (18) years of age, reside in the United States, and otherwise have the legal capacity to enter into these Terms of Service. If you are under eighteen (18) years of age, your parent or guardian represents and warrants that he or she agrees to these Terms of Service on your behalf.

You expressly consent to these Terms of Service being formed electronically without the need for a signature by either you or us. You agree that a printed version of these Terms of Service and of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by us.

Description of Service

We make various products and services available through the Service, including the following Service offerings ("Service Offerings"): (i) hard-copy content (e.g., printed books and other print materials) and electronic content and/or software contained on physical media (e.g., CD or DVD) (collectively, "Physical Products"), (ii) eBooks, individual eChapters and other online electronic content including video and audio study tools (collectively, "Online Content"), (iii) rental of printed books for a specific period of time and/or (iv) Aplia courses. Applicable charges (if any) and any additional details and terms and conditions (such as length of subscription term) for the various Service Offerings are set out in the offline or online order form for your purchase ("Order") and/or the relevant area of the Service and/or the end user license agreement, if any, which accompanies or is included with the Service Offering. Your Order also may specify limits on your use of the Service Offering, such as temporal limits and/or limits on your right to access certain features, functionalities, or capabilities. Your use of the Service Offering shall be subject to all such limitations. You are solely responsible for providing, at your own expense, all equipment necessary to use the Service, including a computer, modem and your own internet access (including payment of Internet Service Provider fees associated with such access).

We reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service periodically and to be aware of any such changes. Your continued use of the Service after such changes will constitute your acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. We will provide notice of such changes by posting a notice of the changes (which may include posting a new Terms of Service) on the Site, which changes shall be effective immediately upon such posting. We may, at our discretion, supplement notices of any of the above changes by any of the means set forth in the "Notices" section below.

We reserve the sole right to either modify or discontinue the Service, including any features therein, at any time with or without notice to you; provided, however, that we will provide notice (in the manner specified above for changes to these Terms of Service) of substantial changes to the Service. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of new Service Offerings. Any new features that augment or enhance the then-current version of the Service and/or the Service shall also be subject to these Terms of Service.

Registration

When you register for the Service, we will open up a registered user account on your behalf and you must provide certain information and data, including billing information, as prompted by the registration forms on the Site ("Registration Data"). By registering for the Service, you represent that your Registration Data is true and accurate, and you agree to maintain and update your Registration Data as required in order to keep it current, complete and accurate. You are solely responsible for maintaining the confidentiality of your password and account and for any and all charges incurred, statements made and acts or omissions that occur through the use of your password and account, including from the use of your account by others. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You may not use Service in any way that is unlawful or is in violation of these Terms of Service. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Service, including your Registration Data, is subject to our Privacy Statement, which is specifically incorporated by reference into and made a part of these Terms of Service. Our current Privacy Statement may be accessed by clicking on this link: http://www.cengage.com/privacy. To the extent any inconsistency exists between the terms of our Privacy Statement and the terms of these Terms of Service, these Terms of Service will control.

Your Use of the Service

The content of the Service including its logos, graphics, sounds or images and all Online Content is the property of Cengage Learning or its licensors and is protected by copyright, patent and trademark laws as well as other intellectual property and unfair competition laws, and may not be downloaded, reproduced, distributed, transmitted, modified or otherwise appropriated in any form or by any means, without the express written consent of Cengage Learning. All rights not expressly granted herein are reserved. Any unauthorized use of the Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Links to Third Party Websites

The Service may contain links to websites operated by parties other than Cengage Learning. Such links are provided for your convenience only and Cengage Learning is not responsible for the content of any such third party website. Inclusion of these links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

No Unlawful or Prohibited Use

You agree to abide by all applicable laws, treaties and regulations in connection with accessing and using the Service, including, but not limited to, intellectual property laws applicable to the Service, content delivered through or made available by the Service, and any other information or materials owned or controlled by any third party that is accessed directly or indirectly by the user through the Service. In addition, without limitation, you agree not to use the Service or information from the Service to: (i) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iii) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (iv) "stalk" or otherwise harass another; (v) transmit or use in any way any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (vi) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots; (vii) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (viii) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (ix) interfere with another user's access, use and enjoyment of the Service.

Use of Online Forums

If the applicable portion of the Service or a Service Offering contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Online Forums"), you agree to use the Online Forums only to send and receive messages and material that are proper and related to the particular Online Forum.

We reserve the right to terminate your access to any or all of the Online Forums at any time without notice for any reason whatsoever.

We have no obligation to monitor the Online Forums. However, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

You acknowledge that all Online Forums are public and not private communications, and therefore that your communications may be read by others without your knowledge. We do not control or endorse the content, messages or information found in any Online Forum and, therefore, we specifically disclaim any liability with regard to the Online Forums and any actions resulting from your participation in any Online Forum. Online Forum administrators are not authorized Cengage Learning spokespersons, and their views do not necessarily reflect those of Cengage Learning.

Submissions

Any materials or other information, including, without limitation, ideas, concepts or techniques for new or improved services and products (any such new or improved service and/or product is referred to herein as a "New Idea"), provided by you in connection with the Service shall be deemed to be provided on an unrestricted and non-confidential basis. Upon providing any New Idea in connection with the Service, you automatically grant Cengage Learning and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the New Idea for any and all purposes. Any copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and/or trade secrets (collectively, "Inventions") conceived, made or discovered by you independent from use of the Service shall remain your property; provided, however, that any derivative works based on any material or information provided by Cengage Learning ("Derivative Works") and/or any Inventions, copyrights, patents, mask work rights or other intellectual property rights arising out of or related to material or information provided by Cengage Learning ("Cengage Learning IP") shall be and remain the property of Cengage Learning. You further agree to assign (or cause to be assigned), as necessary, and do hereby assign fully to Cengage Learning all Cengage Learning IP and all Derivative Works. You acknowledge that you have full responsibility for the materials that you submit, including their legality, reliability, appropriateness, originality and copyright and you represent and warrant that you have the legal right to grant the aforementioned license to Cengage Learning.

Software Available on the Service

All Software, including without limitation all HTML code, Flash code, JavaScript code, Java code and Active X controls contained in the Service and/or the Service Offerings (the "Software"), is owned by Cengage Learning and/or its Affiliates and is protected by copyright laws and international treaty provisions. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with or in the installation sequence for the Software (the "License Agreement"). All Software is licensed and not sold. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement and provided by Cengage Learning, Cengage Learning hereby grants you, a personal, non-transferable license to use the Software for viewing and otherwise using the Service and the relevant Service Offering (if applicable) in accordance with these Terms of Service and solely for academic purposes only, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. You shall not (i) reproduce any Software or any portion thereof; (ii) rent, sell, lease, encumber or otherwise transfer any Software or any part thereof or use it at profit to you or for the benefit of a third party; (iii) cause or permit reverse assembly, reverse compilation, reverse engineering or the reduction of any Software to a human perceivable form or otherwise attempt to discover any of Cengage's underlying proprietary information; (iv) incorporate the Software or any portion thereof into any derivative work or product. All rights not expressly granted by Cengage Learning to you under these Terms of Service or any License Agreement are reserved by Cengage Learning.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATED TO THE SERVICE AND ANY APPLICABLE SOFTWARE, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Export Control

Cengage Learning operates the Service from within the United States of America. You acknowledge and agree that the content of the Service and all Service Offerings are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Service content or Service Offerings, directly or indirectly, to any countries that are subject to USA export restrictions.

Payment and Billing

You agree to pay the applicable charges (including applicable taxes) for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. In additional certain promotional offers and discounts may apply to first-time purchasers only. Because we try to process and ship Orders as quickly as possible, Orders cannot be cancelled or modified (for example, rental periods changed and/or rental books added) once placed.

We will disclose your payment terms at the time you make purchases from the Site; you can also review your payment terms from time to time by visiting the "Help" or "My Stuff" area on the Site.

You must select a payment method to pay us for any purchases you make from us. Every time you use the Service, you reaffirm that (i) we or our authorized billing agent is authorized to charge your designated payment method; (ii) we may submit for payment charges incurred under your account; and (iii) you will be responsible for such charges, even if your account is canceled or terminated. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card or other payment method information, your name, address and telephone number, and to provide us with any changes in such information promptly after the change. You acknowledge that the agreement between you and your credit card issuer or financial institution governs your use of your credit card for payment of amounts owed to us, and that you must refer to such agreement to determine your rights and obligations as a holder of such card.

YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle.

If, for any reason, we do not receive payment from your credit card or other payment method issuer, upon demand you agree to pay the overdue amount by other means acceptable to us. We reserve the right to accept other forms of payment, and if we elect to invoice you for services, you agree to pay to us the amount indicated in each invoice by the due date reflected on the invoice.

If you believe that a billing discrepancy has occurred, you must notify us within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.

Your failure to pay according to the terms of these Terms of Service shall entitle us, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law and/or (ii) suspend or terminate your Online Content subscription (if applicable) and/or access to the Service. You shall reimburse us for all reasonable costs incurred by us in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney's fees and court costs. We may charge a fee for reinstatement of suspended or terminated accounts.

Disclaimer of Warranties and Liability

THE SERVICE AND THE SERVICE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND THE SERVICE OFFERINGS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT (A) THAT THE SERVICE OR THE SERVICE OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE SERVICE OR THE SERVICE OFFERINGS OR THAT WE WILL FIND OR CORRECT ALL DEFECTS OR (C) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE SERVICE OFFERING WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

The Service and/or the Service Offerings could include inaccuracies or typographical errors. Advice received via the Service and/or the Service Offerings should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

REGARDLESS OF THE BASIS ON WHICH YOU ARE ENTITLED TO CLAIM DAMAGES FROM US (INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, MISREPRESENTATION OR OTHER CONTRACT OR TORT CLAIM), WE ARE LIABLE ONLY FOR THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES, WHICH AMOUNT SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF $100 OR THE CHARGES (IF RECURRING, UP TO A MAXIMUM OF THREE (3) MONTHS) ACTUALLY PAID BY YOU FOR THE ORDER THAT IS THE SUBJECT OF THE CLAIM. THIS LIMIT ALSO APPLIES TO OUR AFFILIATES, AND IS THE MAXIMUM FOR WHICH WE AND OUR AFFILIATES ARE COLLECTIVELY RESPONSIBLE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR (I) ANY THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES, (II) ANY LOSS OF OR DAMAGE TO ANY RECORDS OR DATA OR (III) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF THEY ARE INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify and hold Cengage Learning and its Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Service and/or the Service Offerings, including your violation or breach of any term, condition, representation or warranty of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Cancellation or Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Service with or without notice and for any reason, including, without limitation, for lack of use or if we believe that you have breached or acted inconsistently with the letter or spirit of these Terms of Service. You may cancel or terminate your registration or use of the Service at any time. We may also terminate your license to all Online Content acquired from us in the event of any breach by you of the terms contained in these Terms of Service.

Upon termination or suspension, regardless of the reasons therefor, your right to use the Service including the Online Content and online Service Offerings available through the Service immediately ceases, and you acknowledge and agree that we may immediately deactivate your account and delete all related information and/or bar any further access to the Service or the Online Content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Any terms of these Terms of Service that by their nature extend beyond the termination of these Terms of Service, including the Disclaimer of Warranties and Liability, Indemnification and General Terms provisions, as well as your liability for any unpaid charges, shall survive any termination and remain in effect until fulfilled.

Notices

You consent to receive communications from us electronically regarding the Service. We will communicate with you by e-mail to the e-mail address contained in your Registration Data or by broadcasting notices or messages on or through the Site to inform you of changes to the Service, these Terms of Service or other matters of importance, and such broadcasts shall constitute notice to you. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All notices to us shall be in writing and shall be made either via reputable overnight courier (for example, Federal Express), or registered or certified first class mail, return receipt requested. Notices to us must be sent to Cengage Learning, Inc., 200 First Stamford Place, Stamford, CT 06902, Attention: General Counsel.

Reporting Infringement

We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Service believe that your copyright has been infringed through the Service, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed;

(3) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(4) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(5) 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, agent, or the law; and

(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. It is our policy to terminate the services of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received.

Designated Agent for Claimed Infringement:

William A. Sampson
Cengage Learning, Inc.
27500 Drake Road
Farmington Hills, MI 48331
(248) 699-8942
infringements@cengage.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

General Terms

These Terms of Service are personal to you and you may not assign your rights or delegate your obligations to anyone; any attempted assignment or delegation in violation of the foregoing shall be void. If any provision of these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Service, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York governing contracts wholly entered into and wholly performed within the State of New York. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS OF SERVICE.

Online Content License Terms and Digital Rights Management

In the event you obtain a license to Online Content (as specified on your Order), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition of these Terms of Service, this Section shall supersede such other term(s) and condition(s), but only to the extent necessary to resolve the conflict.

Subject to your compliance with these Terms of Service, Cengage Learning hereby grants you, for the license term specified on your Order or otherwise disclosed as part of the ordering process ("License Term") unless terminated as provided herein, a limited, non-sublicensable, nontransferable license to use for your own personal, noncommercial use (subject to the restrictions noted below) the Online Content obtained by you through the Service. These Terms of Service do not convey to you an interest in or to the Online Content, but only a limited right of Service revocable in accordance with the terms hereof. You shall not, except as expressly provided for herein: (i) remove any proprietary notices and/or language from the Online Content; (ii) sell, distribute, download, or publicly display the Online Content to anyone, including but not limited to others in your organization, without our express prior written consent, which may be withheld for any reason; or (iii) make any modifications to the Online Content. The Online Content may contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. You acknowledge and agree that such technology is not a defect in the Online Content. Such technology is designed to restrict your access to and usage of the Online Content as follows:

  • The license and access to Online Content obtained by you is limited in duration to the License Term. Unless a different License Term is specified in your Order, Online Content is accessible online for a period of six (6) months, but must be re-authenticated (by entering in your account credentials) every sixty (60) days in order to access such Online Content locally/offline. The Online Content may contain embedded time clocks or similar security devices that disable your ability to access and use the Online Content after the expiration of the License Term, even if the Online Content is stored locally/offline.
  • Online Content obtained through the Service may be accessed by you from two computers at any time. If you try to access any such Online Content from a third computer, you will be denied access unless you "deauthorize" one of your two previously authorized computers.
  • The Online Content cannot be forwarded to and/or shared with others.
  • Standard "right-click" mouse functions may be disabled, so that Online Content you are viewing online cannot be copied, pasted or saved as another file.
  • If the Online Content has a corresponding print version, such Online Content is functionally equivalent to its corresponding print version. However, in some cases, individual items have been removed for ease of internet delivery.

You must not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security technology contained in or accompanying the Online Content. Such security technology is provided in part by our suppliers and vendors. From time to time, the Software you use to download Online Content may directly connect to an internet site operated by or us or one of our suppliers in order to upgrade the security technology contained in or accompanying the Online Content. By registering for, using, and/or by downloading Online Content from the Site, you acknowledge and consent to the use of such security technology and the automatic upgrading of such security technology.

Portions of the Online Content may include items provided by our Affiliates, and you grant to such Affiliates the right to protect their interests under these Terms of Service and agree that such Affiliates are benefited by the provisions of these Terms of Service.

All Online Content purchases and subscriptions are nonrefundable, non-returnable and may not be exchanged. For Online Content subscriptions, you agree that until your subscription is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Online Content.

Textbook and Other Physical Product Purchases

In the event you purchase one or more books or other Physical Products (as specified on your Order), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition of these Terms of Service, this Section shall supersede such other term(s) and condition(s), but only to the extent necessary to resolve the conflict.

Condition of Books; Supplemental Materials

Books and other Physical Products you purchase from the Site are guaranteed to be correct according to your Order, and in an acceptable condition. Hardback or paperback books will be shipped at our discretion and depending upon availability. Books may also be an instructor's version if we determine that the instructor's version is identical to the student version (besides instructor comments). We sell only U.S. edition textbooks.

Supplemental materials, such as student access codes, CD ROMs, or supplemental workbooks will be included with your book only if your Order specifically includes such supplemental materials.

Software and other Physical Products are governed by the terms of the end user license agreement, if any, which accompanies or is included with or in the installation sequence for such Software or Physical Product, and is licensed and not sold.

Shipping Terms

Our shipping terms and conditions are set forth in the "Shipping Details" section of the Site, and all shipping charges will be clearly displayed during the Order checkout process.

Textbook Rentals

In the event you rent one or more books (as specified on your Order), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition of these Terms of Service, this Section shall supersede such other term(s) and condition(s), but only to the extent necessary to resolve the conflict.

Condition of Books; Supplemental Materials

Books you rent from the Site are guaranteed to be correct according to your Order, and in an acceptable condition. Hardback or paperback books will be shipped at our discretion and depending upon availability. Books may also be an instructor's version if we determine that the instructor's version is identical to the student version (besides instructor comments). We rent only U.S. edition textbooks.

Supplemental materials, such as student access codes, CD ROMs, or supplemental workbooks will be included with your book only if your Order specifically includes such supplemental materials.

Rented books are the property of Cengage Learning. These Terms of Service do not convey to you an interest in or to the books you rent from us, but only a limited right of use revocable in accordance with the terms hereof.

Shipping Terms

Our shipping terms and conditions are set forth in the "Shipping Details" section of the Site, and all shipping charges will be clearly displayed during the Order checkout process.

30-Day Cancellation Policy

Any rented book returned within the first 30 days after the Order date will be eligible for a full refund of the rental price and sales tax (but not the shipping charges unless you received a damaged book). In order to obtain such refund, each returned book must be returned separately using its own prepaid shipping label (which may be retrieved from the "My Rentals" section of the "My Account" portion of the Site) and must be received by us (not postmarked) on or before the 30th day after the Order date. We are not obligated to provide a refund if (1) the book is returned more than 30 days after the Order date, (2) the book is not returned using the Site's prepaid shipping label or (3) the book is not returned in its original condition with all supplemental materials provided with the book.

You will be notified via email once your return and refund request has been received and processed, which normally takes 2-3 weeks. Once the return has been processed, a refund will be posted to the credit card or other payment method you used to place your Order. It normally takes 5-10 business days for financial institutions to post such refund transactions.

Rental Fees

If you rent one or more books, we will store your credit card information, and you hereby acknowledge and agree that we may charge you for any lost, stolen, or damaged books. In addition, we will charge an additional amount to your credit card if you choose to extend your rental period and/or buy your rental book at any time during the rental period. By renting a book from us, you agree to the storing of your credit card or other payment method information and you also agree to any additional charges that we deem necessary due to your misuse of the Service, including, without limitation, any charges resulting from damages to rented books, or lost, stolen and/or unreturned books.

Rental Periods

We have structured our rental periods to fit the needs of a college student. Each rental period comes with an additional grace period. The rental periods and grace period are discussed in detail below.

Grace Period
All of our rental periods come with a seven (7) day grace period, which allows you the flexibility to rent your book early or hold onto it late in the case of a later than normal final exam or to take a make-up final exam. The grace period applies to all of the rental periods below (for example, the 130 day rental period allows you to keep the book for 137 days if necessary at no extra cost).

Semester (130 days)
This rental period is designed for students attending full semesters. The rental period begins on the date of your Order and ends 130 days thereafter ("Due Date"), and your return must be received by us (not postmarked) by the Due Date (or 7 days after the Due Date if you are taking advantage of the 7-day grace period).

Quarter (90 days)
This rental period is designed for students attending quarters or in a Master's program. The rental period begins on the date of your Order and ends 90 days thereafter ("Due Date"), and your return must be received by us (not postmarked) by the Due Date (or 7 days after the Due Date if you are taking advantage of the 7-day grace period).

Summer (60 days)
This rental period is designed students taking summer courses or those taking intense (condensed) courses year-round. The rental period begins on the date of your Order and ends 60 days thereafter ("Due Date"), and your return must be received by us (not postmarked) by the Due Date (or 7 days after the Due Date if you are taking advantage of the 7-day grace period).

Extensions
We offer 15, 30, 90 and 130-day extensions if you want to extend your rental period's Due Date. The rental extension process is explained on the Frequently Asked Questions (FAQ) section of the Site. After you complete the rental extension process, your rental period's Due Date (available on the "My Rentals" sectjon of the "My Account" portion of the Site) will automatically be extended by the number of days selected.

Buying Your Rented Books

You may purchase your rented book at anytime after its 30-day cancellation period but before its Due Date. The purchase process is explained on the Frequently Asked Questions (FAQ) section of the Site. Your purchase price will be the difference between the book's list price* and the total sum of rental fees already paid by you (including any rental extension fees). After you complete the book purchase process, the book becomes your property and your account will be updated to reflect that the book was purchased.

Returning Books at End of Rental Period

You agree to return your rented books to us by using the prepaid shipping label (which may be retrieved from the "My Rentals" section of the "My Account" portion of the Site). Each book must be returned separately using its own prepaid shipping label and must be received (not postmarked) by us on or before your rental period's Due Date (or the last day of the 7-day grace period after the Due Date). It is your responsibility to print out and affix the prepaid shipping label to the outside of your return shipment.

All supplemental materials that are provided with the book, such as, CDs, DVDs, access codes, inserts, workbooks, study guides, etc. must be returned with the book. If a supplemental item is found to be missing, you may be charged a damage fee (see the Damaged, Lost or Stolen Books Section below). You are also responsible for ensuring that only required items are included in your return shipment. We are not responsible for any items lost because they were shipped back with your book.

All returns MUST be shipped using our prepaid shipping label in order to ensure delivery and proper accounting of your return. We are not responsible for any shipment that does not follow our return process, including: (1) shipments that do not use our prepaid shipping label and (2) shipments not properly dropped off at a UPS location (you are not allowed to request a UPS pick up, and if you do, your account will be charged for the associated cost).

Please note that the Site will be unavailable occasionally due to regular maintenance. We try to keep downtime as short and infrequent as possible, but it is always best to print your return shipping label a few days before you plan on shipping back your books. We are not responsible for books that are returned late due to the Site being unavailable.

(For more information on our return process visit the Frequently Asked Questions (FAQ) section of the Site).

Books not Returned on Time

If your rented book is not returned on or before your rental period's Due Date (or the last day of the 7-day grace period after the Due Date) for any reason (including if the book is lost or stolen), your account will be charged the difference between the book's list price* and the total sum of rental fees already paid by you (including any rental extension fees) and your account will be updated to reflect that the book was purchased. You understand and acknowledge that you are responsible for keeping track of your rental period(s) and Due Date(s) and we are not responsible for notifying you regarding the expiration of your rental period(s) and any notifications are provided solely as a courtesy.

Damaged Books

Once in your possession, rented books are required to be kept in like-new or better condition. Any damage to a rented book is your responsibility and you will be charged damage fees at our reasonable discretion, based on the extent of damage to the book. Limited highlighting in your rental book is allowed; handwriting is not allowed. Any highlighting that we reasonably deem excessive or that hinders the readability of the book will be your responsibility and you will be charged for damages. You may also be charged a damage fee if your book is not returned with all of the supplemental materials that were provided with the book, such as, CDs, DVDs, access codes, inserts, workbooks, study guides, etc. If your rented book is returned to us as damaged beyond reasonable wear and tear (for example, cover ripped off, pages torn out, excessive water damage, etc.), your account will be charged damage fees equal to the difference between the book's list price* and the total sum of rental fees already paid by you (including any rental extension fees).

Returned books should be packaged appropriately (for example, bubble wrapped) to keep them from being damaged during shipping. If your rented book is returned to us as damaged, it will remain the property of Cengage Learning.

If you receive a damaged book from us, it is your responsibility to contact us to report the problem and return the damaged book within 30 days, so please inspect each item thoroughly upon receipt (see the 30-Day Refund and Return Policy Section above for more information).

*List price is the list price of the book advertised on the Site at the time of your rental Order.

Aplia Courses

In the event you purchase one or more Aplia Courses (as specified on your Order), then this Section applies. To the extent that any provision in this Section is in conflict with any other term or condition of these Terms of Service, this Section shall supersede such other term(s) and condition(s), but only to the extent necessary to resolve the conflict.

General Refund Policy

Refunds are granted automatically when a course (a "Aplia Course") that uses www.aplia.com (the "Aplia Website") is cancelled by the university or institution. Otherwise, you are entitled to receive a 100% refund of any payment made for an Aplia Course by so requesting during the original grace period following the start of the Aplia Course. The length of the grace period is two days for each week in the Aplia Course with a maximum of three weeks. There is no grace period for Aplia Courses less than one week in duration or containing only experiments. Contact Aplia Support or write to Aplia, 20 Davis Drive, Belmont, CA 94002 USA, to request a refund.

Requests for refunds must be submitted by e-mail or letter and received by Aplia within the stipulated time period. The postmarked date or the date the e-mail is received is considered the request date and any refund due is based on that date. Notifying an instructor or sponsoring agency does not constitute an official request for a refund. No refunds are granted after the end of the grace period of the Aplia Course.

Refund Policy for Aplia Courses with Payment Codes

If you purchased an Aplia Payment Code that entitles you to a credit toward a future Aplia Course, this credit will automatically be applied when you enroll in your next Aplia Course.

If you withdraw from the Aplia Course in which your credit was applied before the payment grace period expires, you can apply this credit toward another Aplia Course. If you withdraw from the Aplia Course in which your credit was applied after the payment grace period expires, your credit cannot be applied to another Aplia Course. To withdraw from your Aplia Course, you must sign into your Aplia account and click on the My Account tab. Then, click on My Courses and click the Withdraw button to remove yourself from the Aplia Course.

Aplia Payment Codes can only be applied to Aplia Courses that correspond with the textbook the Payment Code was originally created for.

No refunds are issued for Aplia Courses paid for with a Payment Code under any circumstances.

Refund Policy for Textbooks Purchased at the Aplia Website

If you are eligible for a refund, you must do two things: (1) E-mail us a refund request, and (2) Return the textbook you purchased from Aplia back to Aplia at the address listed below. The textbook must be in new, saleable condition, and must be postmarked within 15 days of the delivery date. Aplia will not issue refunds for books that are returned either in poor condition or postmarked past 15 days of the delivery date. All refunds are subject to a $10.00 restocking fee. You are responsible for the cost of shipping the returned book to Aplia and the original shipping fee.

If you meet the above conditions and would like to request a refund, please: (1) E-mail your request to support@aplia.com, and (2) Ship your textbook to: Aplia, 20 Davis Drive, Belmont, CA 94002.

General Use Restrictions

All information, documents, products, software, and services ("the Materials") provided on the Aplia Website are the copyrighted work of Cengage Learning and/or its third party providers. You may not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any of the Materials. No part of the Aplia Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way. You may not "mirror" or copy in any manner any Material contained on the Aplia Website on any other server. The Materials may be retrieved solely for personal, non-commercial, academic use and may be downloaded to a hard disk or sent to a printer solely for that purpose.

You agree and acknowledge that your right as a student to use and access the Aplia Website with respect to any specific Aplia Course shall terminate either upon cancellation of such Aplia Course or upon 14 days after the date such Aplia Course ends (such end date to be established by the instructor teaching the Aplia Course).

Aplia reserves a weekly maintenance window for four hours each weekend from Midnight Pacific Time (GMT-8:00) on Friday night until 4:00 AM Pacific Time on Saturday morning. During this time, the Aplia Website may be unavailable to users.

Service Contact

Contact support@aplia.com with any questions relating to the Aplia Website.

Access Restriction

Aplia reserves the right to deny in its sole discretion any user access to the Aplia Website or any portion thereof without notice.

Last Updated: July 28, 2010