Please print and keep a copy of this Legal Notice ("Notice"). Use of this Website constitutes acceptance of this Notice. If you do not agree to abide by the terms and conditions of this Notice, please do not register for this Website.
Pearson may change any of the terms in this Notice at any time. Changes will become effective upon posting. If you do not choose to accept the changes to the terms of this Notice, you may cancel your access to the Website as described below. Continued use of this Website by you or any other end user under your license constitutes acceptance of the terms of the modified Notice.
1. The Website
Pearson offers Web-based Websites and other digital assets available through the Internet that require end user registration. This document will refer to these sites and digital assets collectively as "the Website". In the event of a conflict between these terms and conditions and more specific terms and conditions that apply to another Pearson Website, the more specific terms and conditions shall prevail with respect to such conflict.
2. Ownership of the Information, Materials and Software of the Website
You expressly acknowledge and agree that (a) the Website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"); (b) all right, title and interest in and to these Materials and Intellectual Property Rights belong solely and exclusively to Pearson or its licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.
Pearson may change or discontinue any portion, feature, or content of the Website at any time with or without notice to you; however, Pearson will make reasonable efforts to provide end users notice of significant changes to the Website when feasible.
Pearson may at any time, with or without notice to you, restrict the use and accessibility of the Website as well as limit the duration and amount of use made of the Website. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances which are beyond Pearson's control.
Pearson assumes no responsibility for any Materials posted by third parties on the Website or accessed on the Website through hypertext or other computer "links" to sites hosted by third parties that are outside of Pearson's control. Pearson does not endorse products, services or information provided by third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any third party site or otherwise posted by third parties on the Website. Further, the inclusion of links on the Website does not imply that the owners of such third party sites have given permission for inclusion of these links, or otherwise sponsored or endorsed Pearson's website.
Pearson is not responsible for the accessibility of third party sites via the Website. Should you discover that a third party link on a Website is broken, no longer pointing to the content so indicated on the Website, or points to a third party site containing infringing content, malicious code, or any offensive, libelous, or otherwise illegal or inappropriate content, email: email@example.com. To ensure Pearson can quickly respond to the issue, your email should include the originating Pearson page URL, the linked page URL and a description of the content in question.
3. Use of the Information and Materials of the Website
3.1 Pearson grants a limited license to all users of the Website that is nonexclusive, personal, and nontransferable. Website Licensees may use, display, and, when such functions are available on the Website, reformat, download, and print Materials obtained through the Website solely for their own personal, non-commercial or educational/teaching purposes.
3.2 Login credentials (login name/username and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.
3.4 You may, on an occasional and irregular basis, include insubstantial portions of Materials from the Website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law. In each such instance, you must include proximate to any excerpted Materials all copyright, trademark and other notices from the Website (whether or not included in the particular Materials used), and appropriate source attribution to Pearson and its licensors.
3.5 Prohibited uses of Materials:
Except as explicitly permitted under Section 3.3 or 3.4 above or pursuant to express written permission obtained from Pearson, or where it is clear from the functionality of a particular Website that Pearson intends otherwise:
3.5.1 You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the Website to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in with "course packets" or with courses which do include the Website part of the curriculum.
3.5.2 You may not post Materials from the Website including your answers to any homework or test questions provided by the Website to newsgroups, mail lists, electronic bulletin boards, homework sites, content aggregators, file storage services or any other on-line destination.
3.5.3 You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Materials for any use outside of the class with which the Website is being used.
4. End-User Content
4.1 The Website may provide functionalities for users to upload or post comments, ideas, articles, information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials or submissions ("End-User Content"). The views and opinions expressed therein do not necessarily reflect those of Pearson or its licensed content providers or licensors. The end user who posted the End-User Content is solely responsible for such End-User Content.
4.2 Pearson does not guarantee the accuracy, integrity or quality of End-User Content and disclaims all liability for any errors, omissions, violation of third party rights or illegal conduct arising from End-User Content posted, emailed or otherwise transmitted via the Website.
4.3 Prohibited End-User Content:
You agree not to upload, post, email or otherwise transmit any End-User Content:
4.3.1 that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
4.3.2 that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.3.3 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4.3.4 that contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;
4.3.5 that contains advertising or promotional material of any kind;
4.3.6 that contains personally identifiable information or educational records pertaining to any party;
4.3.7 that undermines the pedagogical purpose of the Material on the Website and the course with which it is used, including but not limited to answers to questions used in the Website).
4.4 You acknowledge that Pearson does not pre-screen End-User Content. Pearson and its designees reserve the right (but not the obligation) in their sole discretion to monitor, refuse to post, or remove any End-User Content for any reason. Pearson reserves the right to terminate your access to the Website to prevent further posting of prohibited End-User content.
4.5 You acknowledge and agree that Pearson reserves the right to preserve End-User Content after the end of the relevant semester indefinitely in the event of a potential violation of these terms or dispute pertaining to End-User Content. You acknowledge and agree that Pearson further reserves the right to disclose End-User Content in association with your contact and/or personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any End-User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pearson, its users and the public.
5. Restrictions on Use
You agree not to use the Website to:
5.1 upload, post, email or otherwise transmit any prohibited End-User Content described in Section 4.
5.2 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
5.3 upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "Junk mail," "Spam," "chain letters," "pyramid schemes," or any other form solicitation;
5.4 use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other Pearson Materials without the prior express written consent of Pearson;
5.5 obtain or attempt to obtain through any means any Materials, End-User Content, or any other data, content, software or code available on or through the Website ("Website Content") that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
5.6 violate any measure employed to limit or prevent access to the Website or Website Content;
5.7 violate the security of the Website or attempt to gain unauthorized access to the Website, Website Content, or computer systems or networks connected to any service of the Website through hacking, password mining or any other means;
5.8 interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Website Content prior to the time that it is intended to be available to the public on the Website;
5.9 take or attempt any action that, in the sole discretion of Pearson, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure on the Website;
5.10 disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to normally post messages, articles, or submissions;
5.11 interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
5.12 intentionally or unintentionally violate any applicable local, state, national or international law.
6. Your Other Responsibilities Concerning Registration for the Website
6.1 By registering for the Website under this Notice, you certify to Pearson that: (a) the information you have provided to Pearson in order to register as an end user is complete, accurate and current; (b) you will notify Pearson of any change in your registration information; and (c) that you will not share your login name/username and password except as expressly authorized under the terms of your license.
6.2 If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, Pearson has the right to suspend and/or terminate your access to the Website.
6.3 You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Website and for any charges incurred for your own access to the Website through an Internet access provider or other third party website.
6.4 You are responsible for all uses of the Website through your login name/username and password, whether the use is made by you personally or by someone else. You are responsible for protecting and securing your login name/username and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Website, such as the theft or unauthorized use of your login name/username and password, you will notify Pearson immediately by contacting firstname.lastname@example.org.
7. Termination of Access
7.1 Your access commences the day you submit the registration form and runs for the specific term defined whether or not the Website is used. Your obligations under this Notice will exist until said term expires or the access is terminated by you or Pearson.
7.2 You may terminate this Notice and your rights to use the Website at any time and without cause by notifying Pearson of your decision to terminate. See Section 12.
7.3 Pearson may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of the Website, or terminate this Notice and thus your rights to use the Website, for any conduct or use (whether by you or anyone else having access under your login name/username or password) that Pearson believes is a violation of this Notice or for any other conduct or use that Pearson believes is harmful to other end users, Pearson's content providers, or to the Website or the interests of Pearson.
8. Your Remedies
8.1 Pearson's entire liability to you, and your sole and exclusive remedy, regarding the use of the Website shall be the replacement of a login name/username or password if a currently valid login name/username or password fails to allow access to the Website.
8.2 Your sole right with respect to any disagreement or dissatisfaction with (a) this Notice, as modified from time to time; (b) registration cost or other charges for the use of the Website, (c) access to, use of, or performance of the Website, or (d) any Website Content, is to terminate your access as provided for in Section 7.
9. Disclaimer of Warranties
9.1 The Website and all information, content, materials and software accessible through the Website are provided on an "as-is," "as-available" basis. There are no warranties, express or implied, by operation of law or otherwise, regarding or relating to products or websites furnished to licensees under this Notice or in connection with the Website. Pearson expressly disclaims all warranties, express and implied, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. Some countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9.2 You expressly agree that your use of the Website is at your sole risk. Pearson does not warrant that the Website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Website, or as to the accuracy, reliability, completeness, or content of any information, third party website, software or merchandise that may be provided through the Website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Pearson employee, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by Pearson for any purpose or give rise to any liability of Pearson whatsoever, and you agree that you will not rely on any such statement, information or advice.
9.3 Where Pearson is a distributor, rather than a publisher, of Materials accessible through the Website, Pearson exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of Pearson or its content providers or licensors. Neither Pearson nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
10. Limitation of Liability
10.1 Under no circumstances, including negligence, shall Pearson be liable to you or anyone else for any indirect, special, incidental, punitive, exemplary or consequential damages (including damages that arise from loss of anticipated revenue, loss of information or material of any kind, lost profits, loss of business and injury to property, even if Pearson has been advised of the possibility of such damages) that arise in connection with or result from your use of or inability to use the Website including, but not limited to, your reliance on any materials, content, information, websites, software or products obtained on the Website, or mistakes, omissions, interruptions, communications failure, deletion of files or e-mail, errors, defects, viruses, trojan horses, delays in operation or transmission, or any failure of performance, or theft, destruction or unauthorized access to your records, programs or websites. Some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such countries Pearson's liability is limited to the greatest extent permitted by law.
10.2 If, notwithstanding the foregoing, Pearson were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Pearson and the parties described in the next sentence (Pearson's "Related Parties") exceed, either jointly or severally, the aggregate amount paid by you to Pearson in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of Pearson's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and anyone else involved in creating, producing or distributing the Website, and each shall have the right to assert and enforce these provisions directly on their own behalf.
11. Indemnification by You
To the extent permitted by law, you agree to defend, indemnify and hold harmless Pearson and its Related Parties from any claims and expenses related to any violation of this Notice by your use of the Website, or in connection with the placement or transmission by you of any material on the Website except as expressly authorized in this Notice.
Pearson may give notice to you by electronic mail, by a posting on the Website, or by conventional mail. Notice by Pearson shall be effective on the date that Pearson makes a good faith effort to reach you.
You shall give notice to Pearson as stated below. Notice by you shall be effective on the date that Pearson actually receives the notice.
|HK mail:||Pearson Education
18/F, Cornwall House,
Notice of change to your registration information as referenced under Section 6 is to be done through emailing email@example.com.
13.1 This Notice is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Notice, your and Pearson's rights and obligations, and any disputes or disagreements regarding the Website will be governed by the laws of Hong Kong. This Notice will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all actions, disputes or controversies relating to the Notice or the Website will be decided by courts of competent jurisdiction, and you consent to the jurisdiction and venue of those courts and irrevocably consent to the process document, delivered personally or mailed by certified or registered mail, return receipt requested, at the address set forth in your registration information.
13.2 In the event that any provision of this Notice is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Notice shall remain valid and enforceable according to its terms.
13.3 You acknowledge that Pearson will be irreparably harmed by any breach of this Notice by you or by your unauthorized use of the Website or Website Content and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that Pearson shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Notice by you or by your unauthorized use of the Website or Website Content.
13.4 This Notice is the entire agreement between Pearson and you with respect to the Website. Headings in this Notice are for your convenience only and do not have any legal meaning or effect. If any part of this Notice is invalid, the rest of this Notice will remain in effect. If Pearson waives or fails to enforce any term or condition of this Notice on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Notice. The meaning of this Notice cannot be changed by your or Pearson's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.