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 1. Home
 2. Terms of Use


TERMS OF USE



This Terms of Use document governs the use of Cengage higher education products.

 

Gale Terms of Use 

Cengage K12 Terms of Use

Previous version of our Terms of Use 

 



PDF version of the Terms of Use (January 2022)

Terms of Use: Spanish translation (August 2020)

Terms of Use: Portuguese translation (August 2020)


INTRODUCTION

Last updated: January 2022 

Thank you for using web-based services and related apps and technologies
provided by Cengage Learning, Inc. and its affiliates (“Cengage”).  The term
“Services” as used in these Cengage Terms of Use (“Terms”) refers to the
products, services, websites, content, databases, software, technologies, and
tools delivered by Cengage and that link or otherwise refer to these Terms, or
that are delivered through a website or service that links or refers to these
Terms.  

Cengage is willing to provide the Services to you only on the condition that you
first accept these Terms.  By accessing, registering for, or using any Service,
or by accepting these Terms through an “I Accept” check-box or similar method,
you agree to these Terms.  You may also agree to these Terms by physically or
electronically signing an Order (as defined below) that incorporates these
Terms.  These Terms along with any Order form a legally binding agreement
between you and Cengage.

Please read these Terms carefully and, if you wish, print or save a copy for
your records. If you do not agree with these Terms, you may not access or use
the Services.

Your use of certain Services may be subject to additional terms, which may be
presented to you for acceptance when you sign up for those Services or may
otherwise be accessible through the Services (“Supplemental Terms”). Such
Supplemental Terms will be considered part of these Terms.  In the event of any
conflict between these Terms and any Supplemental Terms, the Supplemental Terms
will control with respect to your use or access of the Services associated with
such Supplemental Terms .

Please note: some Services may be used only in conjunction with an active
educational course offering in which you are enrolled or are administering. This
requirement may be specified in an online description of these Services, or in
the applicable Supplemental Terms

If you are accepting these Terms on behalf of another organization or entity,
you represent that you are duly authorized to bind that organization or entity
to these Terms.


MINORS

If you are entering into these Terms on your own behalf, you represent that you
are at least 18 years of age and have the legal capacity to enter into these
Terms. If you are under 18 years of age, your parent or guardian must enter into
these Terms on your behalf, and this parent or guardian represents that he or
she accepts these Terms on your behalf and that you are 13 or older. You are not
allowed to use the Services if you are under the age of 13.


ORDERS

You may gain access to the Services through your acceptance of an online or
printed order form or other ordering document that references these Terms,
including access through an access code or card (an “Order”).  An Order may
specify applicable fees, how long you are authorized to use the Service, and
other terms.  In the event of a conflict between these Terms and the terms of an
Order (excluding these Terms), these Terms shall control except only to the
extent that the Order identifies the specific provision(s) in these Terms to be
varied.


CHANGES TO THE SERVICES

Cengage may, with or without notice, add features to the Services, or change or
remove features of the Services, at any time.


YOUR ACCOUNT

To use a Service, you will need a Cengage username and password, unless you log
in through a “single sign-on” system using your learning management system
username and password if the Service includes this feature. Certain Services may
also require additional login information.

Your account is for your personal use only. You may not authorize others to use
your account, and you may not assign or transfer your account.

You must keep your username and password confidential.  You are responsible for
all activities, charges, and liabilities associated with your account. You agree
to immediately notify Cengage of any unauthorized use of your account of which
you are aware. If you are a minor, Cengage reserves the right to provide access
to your account to your parent, guardian, or other authorized adult, upon such
adult’s request.


INSTITUTION SUBSCRIPTION

This Section applies only if an applicable Order specifies that you are
acquiring a Service subscription for an institution.  Also, if your institution
and Cengage have a separate signed agreement, then such agreement will control
if there is a conflict between the terms of such agreement and the terms of this
Section.

Subject to your payment of the applicable fees and taxes, you may authorize your
students, faculty, and administrative staff (collectively, “Authorized Users”)
to access and use the applicable Service for non-commercial educational or
instructional use, on condition that those Authorized Users accept these Terms
before or during their first use of that Service. For Service subscriptions that
include a limit on the number of Authorized Users, Authorized Users includes all
individuals authorized to use the Service, regardless of whether any such
individual is actively using that Service at a particular time. You shall ensure
that Authorized Users and any other person that uses the Service through the use
of your password and account comply with these Terms. You shall take all
reasonable precautions necessary to safeguard against unauthorized access and
use of the Service through your password and account, including ensuring that an
Authorized User ceases use of the Service after that Authorized User is no
longer associated with your institution.


YOUR USE OF THE SERVICES

During the applicable term of your subscription for use of the Services if
specified in an Order, Cengage grants you a limited, non-exclusive,
non-transferable license only to access and to use the Services for the
Permitted Use (as defined below), subject to your compliance with these Terms.
You may not use the Services for any other purpose, or after the end of the
applicable term, or after termination of your rights to use the Services under
these Terms.

“Permitted Use” means your personal noncommercial purposes, or, only if the
Order expressly specifies, your noncommercial educational or instructional
purposes.

You shall provide, at your own expense, suitable equipment, software, and
internet access as necessary to access and use the Services.

Neither the Services nor any portion thereof may be displayed, copied,
downloaded, sold, resold, used, distributed, or otherwise exploited for any
commercial purpose without Cengage’s prior written consent. You may not frame or
utilize framing techniques to enclose any Mark (defined below) or other
proprietary information (including images, text, page layout and form) of
Cengage or its licensors without Cengage’s prior written consent. You may not
use any meta tags or any other "hidden text" using Cengage's Marks without
Cengage’s prior written consent. Any unauthorized use by you of Cengage’s Marks
or other intellectual property automatically terminates the license granted by
Cengage under these Terms and your right to use the Services.


CONTENT

The Services may allow you to upload or otherwise add through the Services
information, text, graphics, photos, audio, video, and/or other materials and
content (“Content”).  You represent and warrant that you own or have the full
right to provide all Content that you provide through the Services for use with
the Services (“Your Content”), and that Your Content does not infringe any
third-party rights, including any intellectual property, publicity, or privacy
rights.

Cengage does not obtain ownership of Your Content.  You hereby grant Cengage a
perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable,
and transferable license to use, distribute, reproduce, modify, prepare
derivative works of, perform, and display Your Content in connection with the
Services and Cengage’s business, including for promoting the Services, in all
media now known or hereafter devised, and through any media channels.  In the
event that perpetual license terms are not allowed by law, the term shall be for
the longest period allowed by applicable law.

Cengage does not adopt, endorse, or accept responsibility for Your Content or
any third-party Content. You agree that Cengage will not be liable for any loss
or damage resulting from your reliance on Your Content or any third-party
Content available through the Services.

Cengage reserves the right (but has no obligation) to pre-screen, review, flag,
filter, modify, refuse, or remove Content from the Services.

After termination of your use of any Services, except as required by applicable
law, Cengage does not have any obligation to destroy, return or retain Your
Content relating to your use of such Services.  It is your sole responsibility
to backup and export Your Content prior to termination.

Cengage and its licensors own and retain all right, title, and interest in and
to the Services, all underlying technology used with or otherwise enabling the
Services, and all software and Content (other than Your Content, which you own
subject to the license set forth herein) available within the Services
(collectively, “Cengage Materials”), including all associated trademarks,
copyrights, and other intellectual property rights. Nothing in these Terms
transfers any such rights, title, or interest to you or any other user, and
Cengage reserves all rights not expressly granted to you. All software and apps
provided to you under these Terms are licensed, not sold.

You agree not to remove, conceal, or alter any proprietary rights notices
(including copyright and trademark notices) contained within the Cengage
Materials. You may not (and you may not permit anyone else to) extract, copy,
modify, reverse engineer, decompile, or otherwise attempt to access or use the
source code of the software underlying or otherwise used to provide the Services
or any part thereof, except to the extent allowed by law notwithstanding this
restriction.

All trademarks, service marks, trade names, logos, and graphics included within
the Services ("Marks") are trademarks of Cengage and its licensors. You may not
use any Marks without the prior written consent of Cengage.

You agree that any breach of your obligations with respect to Cengage's and its
licensors’ proprietary or intellectual property rights will result in
irreparable injury to Cengage and its licensors for which money damages are
inadequate, and you therefore agree that Cengage and its licensors shall be
entitled to seek injunctive relief to address such breach, without the
requirement of posting a bond, in addition to any other relief that a court may
deem proper.


MODIFIABLE CENGAGE CONTENT

Certain Services may contain some Cengage Materials that are presented to you in
a modifiable format, where your modification of the Cengage Materials is
expressly and clearly permitted (“Modifiable Cengage Content”).

Subject to your compliance with these Terms and any use restrictions specified
in the applicable Order, and during the term of the applicable Services, you
may: (1) modify and create derivative works of Modifiable Cengage Content, (2)
reformat and print copies of Modifiable Cengage Content (including your
modifications and derivative works of Modifiable Cengage Content) when the
capability to reformat and/or print that Modifiable Cengage Content is made
available through the Services, and (3) use Modifiable Cengage Content
(including your modifications and derivative works of Modifiable Cengage
Content) solely for the Permitted Use.


SHARED CONTENT

Certain Services may contain Content posted by Cengage and other users
(including Your Content) in an area of an applicable Service that is designated
as a learning space and/or user community and that is presented to users in a
modifiable format and in a manner clearly indicating that modification and
distribution for the Permitted Use is permitted (“Shared Content”).

Subject to your compliance with these Terms and any use restrictions specified
in the applicable Order, and during the term of the applicable Services, you
may: (1) modify and create derivative works of the Shared Content, and (2) copy,
distribute, display, perform, and otherwise use those modifications, derivative
works, and Shared Content, by means of any media or delivery technology now
known or hereafter devised, solely for the Permitted Use.  


OPEN CONTENT

Certain Services may contain Content made available through a Creative Commons
license (such as Attribution 4.0 International) or similar “open”-style license
(“Open License”), as clearly and expressly specified within the Services (“Open
Content”). You will have the rights to use Open Content solely as specified in
the associated Open License.  Nothing in these Terms shall restrict your rights
under any Open License to Open Content provided through the Services.


YOUR MODIFICATIONS TO CONTENT

If you make any modifications to or derivative works of Modifiable Cengage
Content, Shared Content, or Open Content, then all such modifications and
derivative works shall be considered part of Your Content and are subject to the
license and other provisions in the Section entitled “Content” above, as well as
all other applicable provisions of these Terms.


INSTRUCTOR USE

If you are a teacher or instructor outside of Australia and New Zealand, you may
incorporate Cengage Content (including your modifications and derivative works
of Modifiable Cengage Content) in: (1) in-class handouts (provided without
charge and limited in the number of copies), (2) online classrooms or courses
(so long as access to the Cengage Content is limited to matriculated students
enrolled in your class who are required to accept these Terms and enter a unique
passcode or other verifiable industry-standard authentication system that
ensures each user is individually identified before such access), (3) in-class
displays (e.g., via projector, computer monitor or television screen), (4) class
outlines or lessons, and (5) non-fee based exams, in each case associated with a
course of study (i.e., a class) for which the e-book included in the Service as
specified in an Order has been adopted and is concurrently being used. In
Australia and New Zealand, the extent of instructor permissible copying,
reproduction or display of Cengage Content is governed by Copyright law and your
institution, or representative body, agreement with Copyright Agency Limited in
Australia (“CAL”) or Copyright Licensing New Zealand (“CLNZ”), for which an
annual fee per student is paid. Permission for use beyond that permitted by your
agreement with CAL or CLNZ must be sought directly from Cengage at
https://www.cengage.com.au/permissions clarity, personal use by instructors and
students within the designated Cengage platform is granted within these Terms of
Use and free of obligations under agreements with CAL and CLNZ, however, any
copying, reproduction or display of Cengage Content outside of the designated
Cengage platform (e.g., producing in-class handouts for students) is subject to
your agreement(s) with CAL and/or CLNZ.


STORAGE OF YOUR CONTENT

You acknowledge that the Services are not designed or intended to be used as
part of a disaster recovery facility or an emergency data storage facility.
Although Cengage takes reasonable precautions to preserve and protect Your
Content, you shall not rely on the Services as your only storage means. You
should make and preserve your own backup copies of Your Content. Cengage is not
liable for damage to, deletion of, or failure to store, Your Content.


FEES

Some Services and associated Content may be available only if an associated fee
has been paid. Unless otherwise specified in the applicable Order, all fees are
payable in U.S. dollars.  All fees paid are nonrefundable and non-creditable.

Unless another form of payment is specified in the Order, Cengage will bill your
credit card (for purposes of these Terms, the term “credit card” includes a
credit card or a debit card) for all applicable fees in advance of Service
delivery. You shall provide Cengage with accurate and complete billing
information, including your name, address, telephone number, and valid credit
card information, and shall promptly notify Cengage of any changes in that
information. You acknowledge that the agreement between you and the applicable
credit card issuer governs use of your credit card for payment of amounts owed
to Cengage, including your rights and obligations as a holder of that card.

Cengage will disclose the applicable payment options at the time you place your
Order. You shall select a payment method to pay Cengage for purchases you make
for and/or from the applicable Services. Cengage or Cengage's billing agent may
charge your payment method for all amounts due to Cengage without additional
notice or consent unless otherwise required by law. Cengage may, in its
discretion: (1) post charges to your payment method individually, or (2)
aggregate your charges with other purchases you make within the Services and
apply those charges to your next billing cycle.

Except for taxes based on Cengage’s net income, if any authority imposes a tax,
duty, levy, or fee upon your use of or orders for any Services, you shall pay
that amount as specified in the Order or Cengage’s invoice or supply Cengage
with exemption documentation. You are also responsible for paying all
administrative fees (such as PayPal fees) associated with the Services and any
transactions you entered into in connection with the Services.

If Cengage does not receive payment from your credit card issuer, upon demand
you shall pay all overdue amounts by other means acceptable to Cengage. Cengage
may accept other forms of payment, and if Cengage invoices you for Services, you
shall pay to Cengage the amount indicated in each invoice by the due date
reflected on the invoice.

If you believe that a billing discrepancy has occurred, unless you notify
Cengage in writing within 60 days after the date on which that discrepancy first
appeared on your credit card account statement or invoice, as applicable, you
waive your right to claim that discrepancy.

Service purchases and subscriptions are nonreturnable and cannot be exchanged.
Until your Service is terminated, you will continue to accrue charges for which
you remain liable, even if you do not use the Service.

If you fail to pay according to these Terms, Cengage may, without prejudice to
its other rights and remedies: (1) charge interest on any unpaid amounts 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, (2) suspend or terminate your
use and/or access to Services, or both (1) and (2). You shall reimburse Cengage
for all reasonable expenses Cengage incurs in collecting past due amounts,
including wire transfer fees, collection agency fees, reasonable attorney’s
fees, and court costs. Cengage may charge a fee for reinstatement of suspended
or terminated accounts.

In addition, if you fail to pay according to these Terms, unless otherwise
prohibited by applicable law, you consent and agree that Cengage or its
designated third party collection agency may contact you by: (1) phone at one or
more of your telephone numbers, including your wireless telephone numbers (in
which case you might incur wireless telephone charges under your wireless device
plan), (2) text messages (in which case you might incur message and data charges
under your wireless device plan) or emails, and/or (3) any other method of
contact, including pre-recorded and/or artificial voice messages or an automatic
dialing device. Cengage may from time to time offer Service promotions and
discounts for which you may be eligible, including promotions available for a
limited time. Unless otherwise specifically noted, Service promotional offers
and discounts apply to first-time purchasers only.  Separate terms and
conditions may apply to promotional offers and discounts.


GENERAL PRACTICES AND ACCEPTABLE USE OF THE SERVICES

Cengage may establish general practices and limits applicable to your use of the
Services, including the maximum number of days that Your Content is retained in
connection with the applicable Service, the maximum storage space allotted on
your behalf for such Service, and the maximum number of times (and the maximum
duration for which) you are allowed to access the Service in a given period of
time. Cengage may suspend or terminate user accounts for which applicable fees
are unpaid, that are inactive for an extended period of time, or in the event of
a violation of these Terms with or without notice. Cengage may establish and
change these general practices and limits at any time, with or without notice.

You may only access the Services and related Content through the interface
provided by Cengage and for lawful purposes.  You represent, warrant, and agree
that you will not:

 1.  Use the Services to commit a criminal offense or to encourage conduct that
     would constitute a criminal offense or give rise to any third-party claim,
     or otherwise violate any local, state, federal, or international law or
     regulation, including export control laws and regulations.  Without
     limiting the foregoing, you agree that you will not use the Services in
     connection with the development, design, manufacture or production of
     nuclear, missile, or chemical or biological weapons;

 2.  Upload, post, or otherwise transmit any unlawful, threatening, libelous,
     harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive,
     or otherwise objectionable Content;

 3.  Upload, post, or otherwise transmit through, to or otherwise using the
     Services any Content that infringes or violates any intellectual property
     right, publicity right, privacy right, or other right of any third party;

 4.  Upload, post, or otherwise transmit through, to or otherwise using the
     Services any Content that contains any malware, viruses, spyware, worms, or
     other malicious code or files;

 5.  Disrupt the normal flow of communication in the Services or otherwise act
     in a manner that negatively affects any other users’ ability to use or
     benefit from the Services;

 6.  Interfere with or disrupt the Services or servers or networks connected to
     the Services, or violate any requirements, procedures, policies, or
     regulations of networks connected to the Services;

 7.  Access (or attempt to access) any part of the Services or Content through
     any automated means (including use of scrapers, scripts, robots, spiders,
     or web crawlers), or in any way circumvent the navigational structure or
     presentation of the Services;

 8.  Use the Services for any phishing, trolling, or similar activities, or to
     redirect users to other sites or encourage users to visit other sites; or
     to harvest or collect email addresses or other contact information of other
     users of the Services by automated or other means;

 9.  Impersonate or attempt to impersonate Cengage or a Cengage employee,
     another user, or any other person or entity, or post any information that
     misrepresents the identity, characteristics or qualifications of you or any
     other person, including the use of a pseudonym, or misrepresenting current
     or previous positions, qualifications or affiliations with a person or
     entity, past or present;

 10. Frame or mirror any part of the Services;

 11. Use metatags or code or other devices containing any reference to Cengage
     or the Services in order to direct any person to any other website or
     services for any purpose;

 12. Use the Services in a manner contrary to the educational purpose of the
     Services, such as by posting answers to test or assessment questions
     provided through the Services; or

 13. Otherwise use the Services in violation of these Terms.


THIRD-PARTY SERVICES

The Services may include services or other technology provided by third parties
(“Third-Party Services”).  The applicable supplier of any Third-Party Services
is an intended third-party beneficiary of these Terms and may enforce these
Terms directly against you with respect to such Third-Party Services.
 Alternately, an Order (or activation process) for a Third-Party Service may
include or be accompanied by a separate service, license, or other agreement
(“Third-Party Agreement”), in which case that Third-Party Service is provided
solely under the terms of that separate Third-Party Agreement.

Cengage may also provide you with certain “Third-Party Supplier Notices” in
connection with the provision of Third-Party Services. The applicable Order (or
activation process) for a Third-Party Service may include or be accompanied by
Third-Party Supplier Notices. Additionally, by Your use of those Third Party
Services including without limitation YouTube services, You agree to be bound by
such Third Party Supplier Notices, including without limitation the YouTube
Notices, which can be found at https://www.youtube.com/t/terms .  If you do not
agree to be bound by a Third-Party Suppler Notice, do not use the Third-Party
Service.

Placing an Order for a Third-Party Service that includes a separate Third-Party
Agreement and/or Third-Party Supplier Notices, or activating a Third-Party
Service for which the activation process includes a Third-Party Agreement and/or
Third-Party Supplier Notices, constitutes your acknowledgment that you have read
and agree to all applicable Third-Party Agreements and Third-Party Supplier
Notices. Cengage is not a party to, and is not liable for breaches of, any
Third-Party Agreement.

Cengage assumes no obligation or liability for: (1) the functionality or
performance of Third-Party Services, including their content, accuracy, or
reliability, or (2) the acts and omissions (including with respect to privacy
practices) of the suppliers of Third-Party Services. You acknowledge that a
Third-Party Agreement might give the applicable third-party supplier rights with
respect to your data beyond those allowed by these Terms or Cengage's Privacy
Notice. Cengage does not guarantee that a third-party supplier will comply with
its agreement with Cengage or its Third-Party Agreement with you, and Cengage is
not required to enforce its agreement with a supplier of Third-Party Services.


DIGITAL RIGHTS MANAGEMENT

A Service might 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 that any such
technology is not a defect in the Service. While accessing a Service, your
internet-accessible device may be directly connected to an internet site
operated by or on behalf of Cengage in order to upgrade that security
technology. You hereby consent to the use and automatic upgrading of that
security technology. You shall not circumvent, reverse-engineer, decompile,
disassemble, or otherwise tamper with the security technology contained in or
accompanying any Service.


DISCLAIMER OF WARRANTIES

The Services and Cengage Materials are provided by Cengage on an "as is" and "as
available" basis. Cengage makes no representations or warranties of any kind,
express or implied, as to the Services, Cengage Materials, or other information,
content or materials made available through the Services, including the Cengage
Modifiable Content, Shared Content, Open Content, Third-Party Services, or
Collaboration Tools (collectively, the “Services Items”). You agree that your
use of the Services, Cengage Materials, and Services Items is at your sole risk.
The Services, Cengage Materials and Services Items could include inaccuracies or
typographical errors. Advice received via the Services, Cengage Materials, and
Services Items is informational only, does not constitute medical, legal, tax,
financial, career, or other professional advice, and should not be relied upon
for personal, medical, legal, career, or financial decisions.  You should
consult an appropriate professional for specific advice tailored to your
situation.  Cengage does not warrant or make any representations regarding the
use of or the result of the use of any Services, Cengage Materials or Services
Items in terms of their correctness, accuracy, reliability, or otherwise, and
you (and not Cengage) assume the entire cost of all necessary servicing, repair
and correction.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENGAGE DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  CENGAGE
DOES NOT WARRANT THAT THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS OR THE SERVERS THAT MAKE THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


LIMITATION OF LIABILITY

Neither Cengage nor its suppliers, nor their respective directors, employees,
officers, or representatives will be liable for any damages of any kind arising
from the use of or inability to use the Services, Cengage Materials, or Services
Items including, but not limited to, any direct, indirect, incidental, special,
consequential, exemplary, or punitive damages, or any lost profits, lost data,
or loss of revenue.  Without limiting the foregoing, Cengage’s total liability
will at all times be limited to the fees you have paid to Cengage for the
Services at issue during the prior three (3) months. The limitations in this
paragraph shall apply to the extent permitted by applicable law.

You agree that Cengage is in no way responsible or liable for any grade or
assessment you may receive through or otherwise related to any Services.


INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CENGAGE, ITS AFFILIATES AND
SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND
REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES,
LIABILITIES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS,
DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE
OF THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS; ANY CLAIMS RELATED TO
YOUR CONTENT; OR YOUR VIOLATION OF ANY OF THESE TERMS. This paragraph shall
survive any expiration or termination of these Terms.


COLLABORATION TOOLS

The Services may include comment areas, message forums, chat areas, and other
collaboration tools (“Collaboration Tools”).  You agree to use all Collaboration
Tools in good faith and not in support of any business venture or entity.
 Cengage disclaims all responsibility and endorsement and makes no
representation as to the validity of any opinion, advice, information, or
statement made or displayed in any Collaboration Tools.  Cengage is not
responsible for any errors or omissions in Content provided through
Collaboration Tools, including any hyperlinks embedded in any such Content.
Under no circumstances will Cengage, or its affiliates, suppliers or agents be
liable for any loss or damage caused by the Collaboration Tools, including your
reliance on information obtained through the Collaboration Tools. The opinions
expressed in or through any Collaboration Tools are solely the opinions of the
participants, and do not reflect the opinions of Cengage.


INTERNET LINKS

Some links within the Services may lead to websites controlled by third parties.
 Because Cengage has no control over these websites, Cengage is not responsible
for such websites’ content or accessibility via the internet and does not
endorse products, services, or information provided by such websites. Cengage
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 other website.
Further, the inclusion of these links does not imply that there is any
relationship between Cengage and the linked websites. Reference to other
companies does not imply any partnership, joint venture, or other legal
connection where Cengage would be responsible for the actions of their
respective owners.


PRIVACY AND YOUR INFORMATION

Visit https://www.cengagegroup.com/privacy for Cengage’s Privacy Notice.


ACCESSIBILITY

Cengage provides a variety of programs and services to help make its educational
materials accessible to users of all abilities.  For additional information
regarding Cengage’s accessibility initiatives, see
https://www.cengagegroup.com/accessibility.


RESPONSIBLE DISCLOSURE SURROUNDING SECURITY 

If you are a security researcher and have discovered a vulnerability in one of
our Services, Cengage appreciates your help in reporting it to Cengage in a
responsible and private manner.

Cengage has a Vulnerability Disclosure Program that is hosted by HackerOne. Any
identified vulnerability should be reported
via https://bugcrowd.com/cengage-vdp. There you will find additional information
about our program guidelines and policies.

If you identify a valid vulnerability and comply with these terms, Cengage will:

 * Acknowledge the receipt of your vulnerability report;
 * Work with you to understand and document the issue;
 * Address the risk as deemed appropriate by Cengage;
 * Not suspend or terminate our account; and 
 * Not pursue legal action against you.

Please note that Cengage does not currently participate in or offer a public bug
bounty program. You agree that you are not entitled to any compensation in
relation to vulnerability identification or disclosure.


TERMINATION

You agree that Cengage may terminate, suspend, or block your use of all or part
of the Services, without liability or refund, if in Cengage’s sole determination
you have breached these Terms. You agree that upon termination of your
participation in the Services for any reason, Cengage may delete all information
related to you on or within the Services and may prevent your continued access
to and use of the Services. In order to protect the integrity of the Services,
Cengage reserves the right at any time in its sole discretion to block users
from certain IP addresses from accessing the Services.


FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information submitted to Cengage relating to modifying or
improving the Services (“Feedback”), whether solicited or unsolicited, are
non-confidential. Cengage may use Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. You grant to Cengage a
worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable,
sublicensable license to use Feedback, and in the event perpetual license terms
are not allowed by law, the term shall be for the longest period as allowed by
applicable law.


CAREER SERVICES

Cengage may in its discretion provide Services that help you identify an
appropriate career and/or assist you in finding a job (“Career Services”). The
terms above regarding Third-Party Services apply to Career Services provided
through a third party.

Cengage does not promise or guarantee that any Career Services will be
successful or that you will find job interviews or a job through any Career
Services. Cengage has no control over any job listings or any organization that
offers or fails to offer you a job, and you agree that Cengage is not
responsible for such job listings, job offers, or the acts or omissions or any
such organization.  You are solely responsible for confirming the validity of
any job offer or potential employer.

Your resume and other applicable information may be shared with interested
parties as part of Career Services.  You are responsible for ensuring that the
information you provide is complete and accurate, and only contains information
that you want to share.

Cengage may provide information relating to careers and searching for jobs as
part of Career Services, for informational purposes only.  You agree that
Cengage is not acting as a job placement agency or staffing firm and is not
providing professional career counseling services.  It is your responsibility to
perform and manage your own job search.


CHANGES TO THESE TERMS

Cengage may change these Terms from time to time. When these changes are made,
Cengage will make a new copy of these Terms available through the Services. You
understand and agree that your use of the Services after the date on which these
Terms have changed constitutes acceptance of the updated Terms.


MISCELLANEOUS

All disputes arising out of or relating to these Terms, including all
intellectual property issues and your rights and obligations, shall be governed
by the laws (without regard to any conflicts of laws rules) and shall be subject
to exclusive jurisdiction as set forth in the following paragraphs, based on
your country of residence.  Each party waives any objection to the identified
venue or jurisdiction:

If you reside in the United States of America or any other country not stated
below:

 * the laws of the United States of America and the State of New York shall
   apply, with exclusive jurisdiction in the state or federal courts of New York
   County, New York.

If you reside in the United Kingdom or in EMEA or India:

 * The laws of England shall apply, with exclusive jurisdiction of the English
   courts.  

If you reside in Australia or Asia (excluding India):

 * The laws of Australia shall apply, with exclusive jurisdiction in Australia
   courts.

The parties agree that the United Nations Convention on Contracts for the
International Sale of Goods shall not apply these Terms and is expressly
excluded.

Services and Content are not available in all languages or in all countries.
Cengage makes no representation that the Services, Cengage Materials, or
Services Items are appropriate or available for use in any particular location.
To the extent you choose to access the Services, you do so at your own risk and
are responsible for compliance with any applicable laws, including applicable
local laws.

These Terms are personal to you and you may not assign them or your rights or
obligations under them to anyone. If any provision of these Terms is invalid or
unenforceable under applicable law, the remaining provisions will continue in
full force and effect. Cengage may assign its rights and obligations, or these
Terms, in whole or in part.

The failure of Cengage to exercise or enforce any right or provision of these
Terms does not constitute a waiver of such right or provision. No waiver of any
term of these Terms by Cengage shall be deemed a further or continuing waiver of
such term or any other term.

You and Cengage acknowledge and agree that no partnership, agency, joint
venture, or employment relationship is formed between you and Cengage by your
use of the Services, and neither you nor Cengage have the power or the authority
to obligate or bind the other.

Cengage shall not be liable for any failure or delay in the performance of its
obligations due to causes beyond its reasonable control, including but not
limited to, war, terrorism, sabotage, insurrection, riot or other act of civil
disobedience, strikes or other labor shortages, act of any government affecting
the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or
other disaster.

These Terms along with any applicable Order and Supplemental Terms constitute
the entire understanding between the parties pertaining to their subject matter,
and any prior or other contemporaneous written or oral agreements between the
parties are expressly superseded.

Any FAQs or similar documents included in or associated with the Services are
for informational purposes only and are not deemed to be part of these Terms.

If Cengage provides a translation of the English language version of these
Terms, the translation is provided solely for convenience, and the English
version shall prevail.

When the term “including” is used in these Terms, it shall be interpreted to
mean “including, without limitation,”, so that the items after the term
“including” are understood to be illustrative only and not a complete list.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Note: the following information is provided exclusively for notifying Cengage
that your copyrighted material might have been infringed. All other inquiries,
such as requests for technical assistance, will not receive a response through
this process.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c), to be effective, written notification ("Notification") of
claimed copyright infringement must be submitted to the following Agent
Designated to Receive Notification of Claimed Infringement:


LAURA STEVENS, GENERAL COUNSEL

Laura Stevens, General Counsel
Legal Department, Cengage Learning, Inc.
200 Pier Four Blvd
Boston, MA 02210
Phone: (617) 289-7700
infringements@cengage.com

To be effective, the Notification must include the following:

 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, or if
    multiple copyrighted works at a single online site are covered by a single
    notification, a representative list of such works at that site;

 3. Identification of the material that is claimed to be infringing or to be the
    subject of infringing activity and that is to be removed or access to which
    is to be disabled, and information reasonably sufficient to permit the
    service provider to locate the material;

 4. Information reasonably sufficient to permit the service provider to contact
    the complaining party, such as an address, telephone number, and if
    available, an electronic mail address at which the complaining party may be
    contacted;

 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, its 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 infringed.




SUPPLEMENTAL TERMS FOR PRODUCTS
CENGAGE BRAIN

Instructor Use: If you are a teacher or instructor, you may incorporate Cengage
Content (including your modifications and derivative works of Modifiable Cengage
Content) in: (1) in-class handouts (provided without charge and limited in the
number of copies), (2) online classrooms or courses (provided access to the
Cengage Content is limited to matriculated students enrolled in your class who
are required to accept the Cengage Terms of Use including these Supplemental
Terms and enter a unique passcode or other verifiable industry-standard
authentication system that ensures each user is individually identified before
such access), (3) in-class displays (e.g., via projector, computer monitor or
television screen), (4) class outlines or lessons, and (5) non-fee based exams,
in each case associated with a course of study (i.e., a class) for which the
e-book included in the Service as specified in an Order (“Title”) has been
adopted and is concurrently being used (“Course”).

Institution Subscription: This Section applies only if an applicable Order
specifies that you are acquiring a Service subscription for an institution.
Subject to your payment of the applicable fees and taxes, you may authorize your
students, faculty, and administrative staff (collectively, “Authorized Users”)
to access and use the applicable Service for non-commercial educational or
instructional use, on condition that those Authorized Users accept the Cengage
Terms of Use including these Supplemental Terms before or during their first use
of that Service. For Service subscriptions that include a limit on the number of
Authorized Users, Authorized Users includes all individuals authorized to use
the Service, regardless of whether any such individual is actively using that
Service at a particular time. You shall ensure that Authorized Users and any
other person that uses the Service through the use of your password and account
comply with the Cengage Terms of Use including these Supplemental Terms. You
shall take all reasonable precautions necessary to safeguard against
unauthorized access and use of the Service through your password and account,
including ensuring that an Authorized User ceases use of the Service after that
Authorized User is no longer associated with your institution.

Textbook and Other Physical Product Purchases 

This section applies only if an applicable Order specifies that you are
purchasing one or more: (1) printed books, printed materials, and other
hard-copy content, or (2) electronic content and/or software contained on a CD,
DVD, or other physical media (“Physical Products”).

Cengage warrants that Physical Products you purchase from the Service will be
provided according to your Order and in an acceptable condition. If you order a
textbook: (1) Cengage may provide a hardback or paperback textbook at Cengage's
discretion and depending upon availability, and (2) Cengage may provide an
instructor's version if Cengage determines that the instructor's version is
identical to the student version (besides instructor comments). You acknowledge
that Cengage sells only U.S. edition textbooks.

Cengage will include supplemental materials, including CDs, DVDs, access codes,
inserts, workbooks, and study guides, with your textbook only if your Order
specifically includes those supplemental materials.

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


SHIPPING TERMS

Cengage shall ship Physical Products in accordance with Cengage's shipping terms
stated in the "Shipping Details" section of the Service, and all applicable
shipping charges will be clearly displayed during the Order checkout process.


TEXTBOOK RENTALS

This Section applies only if an applicable Order specifies that you are renting
one or more textbooks.

Cengage warrants that textbooks you rent from the Service will be provided
according to your Order and in an acceptable condition. Cengage may provide a
hardback or paperback textbook at Cengage's discretion and depending upon
availability, and Cengage may provide an instructor's version if Cengage
determines that the instructor's version is identical to the student version
(besides instructor comments). You acknowledge that Cengage rents only U.S.
edition textbooks.

Cengage will include supplemental materials, including CDs, DVDs, access codes,
inserts, workbooks, and study guides, with your textbook only if your Order
specifically includes those supplemental materials.

Rented textbooks are the property of Cengage Learning.

You may return a rented textbook within the first 30 days after the Order date
and receive a full refund of the rental price and sales tax (but not the
shipping charges unless you received a damaged textbook) on condition that each
returned textbook is returned separately using its own prepaid shipping label
(which may be retrieved from the "My Rentals" section of the "My Account"
portion of the Service) and is received by Cengage (not postmarked) on or before
the 30th day after the Order date. You will not receive a refund if: (1) you
return the more than 30 days after the Order date, or (2) you do not return the
textbook using the Service's prepaid shipping label, or (3) you do not return
the textbook (including all supplemental materials provided with the textbook)
in its original condition. Cengage will notify you via email after your return
and refund request has been received and processed, which processing normally
takes 2 to 3 weeks. Cengage will issue refunds to the credit card or other
payment method you used to place your Order. It normally takes 5 to 10 business
days for financial institutions to post a refund transaction.

If you rent one or more textbooks, you acknowledge that: (1) Cengage or its
third-party processor may store your credit card or other payment method
information, (2) Cengage may charge you additional amounts for lost, stolen,
unreturned, or damaged textbooks, and (3) Cengage may charge you an additional
amount if you choose to extend your rental period and/or buy your rented
textbook. Cengage may charge any such additional amounts to your credit card in
accordance with these Terms.

Cengage has structured Cengage's 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 as follows:

 * All of Cengage's rental periods include an additional seven (7) day grace
   period, allowing you the flexibility to rent your textbook 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 the rental periods described
   below (for example, the 130-day rental period allows you to keep the textbook
   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
   at midnight at the end of the 130th day after the date of your Order, both
   dates inclusive ("Semester Due Date"), and your return must be received by
   Cengage (not postmarked) on or before the Semester Due Date (or on or before
   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 at midnight at the end of the 90th day after the date of
   your Order, both dates inclusive ("Quarter Due Date"), and your return must
   be received by Cengage (not postmarked) on or before the Quarter Due Date (or
   on or before 7 days after the Quarter 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 and ends at midnight at the
   end of the 60th day after the date of your Order, both dates inclusive
   ("Summer Due Date"), and your return must be received by Cengage (not
   postmarked) on or before the Summer Due Date (or on or before 7 days after
   the Summer Due Date if you are taking advantage of the 7-day grace period).

You may extend your rental period's Due Date in accordance with the rental
extension process explained in the Frequently Asked Questions (FAQ) section of
the Service. Cengage currently offers 15, 30, 90, and 130-day extensions. After
you successfully complete the rental extension process, your rental period's Due
Date (available on the "My Rentals" section of the "My Account" portion of the
Service) will automatically be extended by the number of days selected.

You may purchase your rented textbook in accordance with the purchase process
explained in the Frequently Asked Questions (FAQ) section of the Service at any
time after its 30-day cancellation period but before its Due Date. Your purchase
price will be the difference between the textbook's list price and the total sum
of rental fees (including rental extension fees) already paid by you. After you
complete the textbook purchase process, the textbook will become your property
and Cengage will update your account to reflect that the textbook was purchased.

To ensure delivery and proper accounting of your return, you must return your
rented textbooks to Cengage by using the prepaid shipping label (which is
available in the "My Rentals" section of the "My Account" portion of the
Service). You shall return each textbook separately using its own prepaid
shipping label. You are responsible for printing out and affixing the prepaid
shipping label to the outside of your return shipment.

You shall include with your returned textbook all supplemental materials that
were provided with the textbook, including CDs, DVDs, access codes, inserts,
workbooks, and study guides. If a supplemental item is found to be missing,
Cengage may charge you a damage fee in accordance with these Terms. You shall
ensure that only required items are included in your return shipment, and
Cengage will not be liable for items that are inadvertently returned with your
textbook.

Cengage is not liable for shipments that do not follow Cengage's return process,
including: (1) shipments that do not use Cengage's prepaid shipping label and
(2) shipments that are not properly dropped off at a UPS location (you may not
request a UPS pick up, and if you do, your account will be charged for the
associated cost).

Please note that the Service will be unavailable for use occasionally, including
during periods when Cengage is performing preventive maintenance or upgrades.
Therefore, you should print your return shipping label a few days before you
plan on shipping back your textbooks. Cengage is not liable for textbooks that
are returned late due to the Service being unavailable.

For more information on Cengage's process for returning rented textbooks, visit
the Frequently Asked Questions (FAQ) section of the Service.

If you do not return your rented textbook 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 textbook is lost or stolen), Cengage will charge your
account the difference between the textbook's list price and the total sum of
rental fees (including rental extension fees) already paid by you and Cengage
will update your account to reflect that the textbook was purchased. You are
responsible for keeping track of your rental periods and Due Dates, and Cengage
is not responsible for notifying you regarding the expiration of your rental
periods, and you acknowledge that Cengage provides any such notifications solely
as a courtesy.

You are responsible for maintaining your rented textbook in the same condition
as when it was received by you, reasonable wear and tear excepted. You are
liable for all damage to a rented textbook and Cengage will charge you damage
fees as reasonably determined by Cengage, based on the extent of that damage.
Cengage will follow the following guidelines in assessing the condition of
returned rented textbooks:

 * Handwriting is not allowed.
 * Limited highlighting in your rented textbook is allowed, but highlighting
   that hinders the readability of the textbook or that Cengage reasonably deems
   excessive is not allowed.
 * Cengage may charge you a damage fee if you do not return your textbook with
   all of the supplemental materials (including, as applicable, CDs, DVDs,
   access codes, inserts, workbooks, and study guides) that were provided with
   the textbook.
 * If your rented textbook is returned damaged beyond reasonable wear and tear
   (for example, cover ripped off, pages torn out, excessive water damage),
   Cengage may charge you a damage fee equal to the difference between the
   textbook's list price and the total sum of rental fees (including rental
   extension fees) already paid by you.
 * You shall package returned textbooks appropriately (for example, bubble
   wrapped) to keep them from being damaged during shipping. If your rented
   textbook is returned to Cengage as damaged, you will be liable for such
   damage, and the textbook will remain the property of Cengage Learning.

If you receive a damaged textbook from Cengage, you may return the damaged
textbook within 30 days after the Order date in accordance with the refund and
return policy in this Section, so please inspect each item thoroughly upon
receipt.

For purposes of this section, "list price" means the list price of the textbook
advertised on the Service at the time of your textbook rental Order.


WARRANTY DISCLAIMER

Except as set forth above, the Physical Products and rented textbooks are
provided by Cengage on an "as is" basis, and Cengage makes no representations or
warranties of any kind, express or implied, as to the Physical Products or
rented textbooks. You agree that your use of the Physical Products and rented
textbooks is at your sole risk. The Physical Products and rented textbooks could
include inaccuracies or typographical errors. Cengage does not warrant or make
any representations regarding the use of or the result of the use of any
Physical Products or rented textbooks in terms of their correctness, accuracy,
reliability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENGAGE DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 


APLIA COURSES

This Section applies only if an applicable Order specifies that you are
purchasing access to one or more Aplia Courses.

Full refunds are granted automatically when a course (each such course, an
"Aplia Course") that uses www.aplia.com or any successor website (the "Aplia
Website") is cancelled by your university or institution. Otherwise, you may
receive a full refund of amounts paid by you for an Aplia Course by requesting
that refund within the applicable grace period after the start of the Aplia
Course. The length of the applicable grace period is three days for each week in
the Aplia Course up to a maximum grace period of three weeks (21 days). There is
no grace period for Aplia Courses less than one week in duration or that contain
only experiments. To request a refund please contact us via email at
https://support.cengage.com or by phone at 866-994-2427.

Refunds or exchanges are only available for non-electronically delivered
products within 30 days of purchase. Returns must be in saleable condition and
sent via a prepaid method to Cengage Learning at the following address: Cengage
Learning, 10650 Toebben Drive, Independence, KY 41051.

Your right as a student to use and access the Aplia Website with respect to a
specific Aplia Course will terminate on the earlier to occur of: (1)
cancellation of that Aplia Course, or (2) 14 days after the date that Aplia
Course ends (as established by the instructor teaching the Aplia Course).

You acknowledge that the Aplia Website might be unavailable on one or more
occasions, including time periods during which the Aplia Website is scheduled to
be unavailable for use due to preventive maintenance or upgrades.

You may contact https://support.cengage.com with any questions relating to the
Aplia Website.

Aplia may at its discretion and without notice deny any user access to any part
of the Aplia Website.

 


MINDTAP

Instructor Use: If you are a teacher or instructor, you may incorporate Cengage
Content (including your modifications and derivative works of Modifiable Cengage
Content) in: (1) in-class handouts (provided without charge and limited in the
number of copies), (2) online classrooms or courses (provided access to the
Cengage Content is limited to matriculated students enrolled in your class who
are required to accept the Cengage Terms of Use including these Supplemental
Terms and enter a unique passcode or other verifiable industry-standard
authentication system that ensures each user is individually identified before
such access), (3) in-class displays (e.g., via projector, computer monitor or
television screen), (4) class outlines or lessons, and (5) non-fee based exams,
in each case associated with a course of study (i.e., a class) for which the
e-book included in the Service as specified in an Order (“Title”) has been
adopted and is concurrently being used (“Course”).

Institution Subscription: This Section applies only if an applicable Order
specifies that you are acquiring a Service subscription for an institution.
Subject to your payment of the applicable fees and taxes, you may authorize your
students, faculty, and administrative staff (collectively, “Authorized Users”)
to access and use the applicable Service for non-commercial educational or
instructional use, on condition that those Authorized Users accept the Cengage
Terms of Use including these Supplemental Terms before or during their first use
of that Service. For Service subscriptions that include a limit on the number of
Authorized Users, Authorized Users includes all individuals authorized to use
the Service, regardless of whether any such individual is actively using that
Service at a particular time. You shall ensure that Authorized Users and any
other person that uses the Service through the use of your password and account
comply with the Cengage Terms of Use including these Supplemental Terms. You
shall take all reasonable precautions necessary to safeguard against
unauthorized access and use of the Service through your password and account,
including ensuring that an Authorized User ceases use of the Service after that
Authorized User is no longer associated with your institution.


SPECIAL PROVISIONS APPLICABLE TO DEVELOPER OFFERINGS

Cengage collaborates with developers to offer them the use of the Service to
develop services and/or content designed to enhance your experience with the
Service (“Developer Offering”).  Developer Offerings are not provided under
these Terms, but are instead provided under separate terms that are included or
accompany the Order (or the activation process) for a given Developer Offering
(“Developer Offering Terms”). Placing an Order for a Developer Offering that
includes Developer Offering Terms, or activating a Developer Offering for which
the activation process includes Developer Offering Terms, will be deemed to
constitute your acknowledgment that you have read and agree to all applicable
Developer Offering Terms, including those provided only in the English language.
You acknowledge that Cengage is not a party to, and Cengage is not liable for
breaches of, any Developer Offering Terms, and that Cengage is an intended
third-party beneficiary of, and may enforce directly against you, all such
Developer Offering Terms.

When you use a Developer Offering, Cengage or the Service may furnish the
following information about you to the Developer Offering: (1) your role (for
example, instructor or student); (2) your institution or organization; (3) your
name; (4) your user ID (for example, email address); (5) the ISBN of the
Services you ordered and the ISBN of the Title’s corresponding physical
textbook; (6) your Course ID (identifying the type of Course in which you are
enrolled, for example, Introduction to Chemistry) and course key (an
instructor-created identifier used by students to register for that instructor's
Course); and (7) your Course’s Snapshot ID (an ID generated by the Service that
identifies the specific Course for which the applicable Title has been adopted,
for example, “Professor Smith’s Introduction to Chemistry class at State
University”). The Developer Offering Terms between you and the applicable
Developer (and not these Terms) governs the use, storage, and transfer by that
Developer and its Developer Offering of Your Content and your other information.
You acknowledge that the Developer Offering Terms with a Developer might give
the Developer rights with respect to your data beyond those allowed by the
Developer’s agreement with Cengage and beyond those allowed by the Cengage Terms
of Use including these Supplemental Terms or Cengage’s Privacy Notice. Cengage
does not guarantee that each Developer will comply with its developer agreement
with Cengage or its Developer Offering Terms with you, and Cengage is not
required to enforce a developer agreement against a Developer.

A Developer Offering is either a Cengage-Hosted Developer Offering or a
Developer-Hosted Developer Offering. Cengage’s only obligations with respect to
Developer Offerings are to: (1) obtain and collect payment for your Developer
Offering Order, and (2) host and provide you with online access to the
functionality of Cengage-Hosted Developer Offerings in the same manner that
Cengage hosts and provides you with online access to the functionality of
Services developed by Cengage.  Cengage is not responsible or liable for: (1)
the availability, delivery, functionality, or performance of Developer
Offerings, including their content, accuracy, or reliability or (2) the acts and
omissions (including privacy practices) of the developers of Developer
Offerings.


MOBILE APP

Apple-Specific Terms
The terms in this Section and any other terms required by Apple, Inc. (“Apple”)
apply if you are using a mobile application (“App”) distributed by Cengage on an
Apple iOS device (iPhone, iPod, or iPad).

These Terms are between you and Cengage only, and not Apple. Cengage, not Apple,
is solely responsible for the App and its content. Apple, and Apple's
subsidiaries, are third party beneficiaries of these Terms, and upon your
acceptance of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third-party
beneficiary of these Terms.

You may only use the App on an iPhone, iPod Touch, iPad, or other Apple device
that you own or control and as permitted by (i) the App Store Terms and
Conditions and (ii) these Terms.

Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the App. In the event of any failure of the App to
conform to any applicable warranty, then you may notify Apple and Apple will
refund the purchase price for the App to you. To the maximum extent permitted by
applicable law, Apple has no other warranty obligation whatsoever with respect
to the App.

You acknowledge that Apple is not responsible for addressing any claims by you
or any third party relating to the App or your possession and/or use of the App,
including, but not limited to: (i) product liability claims; (ii) any claim that
the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy or similar legislation.
Apple is not responsible for the investigation, defense, settlement and
discharge of any third party claim that your possession and use of the App
infringes that third party's intellectual property rights.

You agree to comply with any applicable third-party terms, when using the App.


CENGAGE SERVICES

The App may allow you to use certain aspects of the Services and/or third-party
services and websites (the “Cengage Services”).  To use Apps that are associated
with specific Cengage Services, you must obtain an appropriate account to use
those Cengage Services.


PRIVACY; CONSENT TO USE OF DATA

You agree that Cengage may collect and use technical data and related
information, including technical information about your device, system and
application software, and peripherals, that is gathered periodically to
facilitate the provision of software updates, product support and other services
to you (if any) related to the App. Cengage may use this information, as long as
it is in a form that does not personally identify you, to improve its products
or to provide services or technologies to you. Cengage also makes the following
App-specific privacy disclosure: Cengage's analytics service provider may
collect the following information: your device's Unique Device Identifier
(UDID), technical information about the App (such as version number), App
session information, and your preferred time zone. After collecting such
information, Cengage's analytics provider will assign a new unique number to
replace the UDID and will delete the UDID. The information is then aggregated
and used by Cengage to measure the use and performance of the App. Cengage may
publicly disclose the aggregate information. Cengage will not share the UDID or
any other individual App user data with third parties, except in the case of a
court order, subpoena, or a lawful government demand.


OPEN SOURCE

The App may contain or be provided together with open source software. Each item
of open source software is subject to its own applicable license terms, which
may be found in the App documentation or the applicable help, notices, about or
source files. Copyrights to the open source software are held by the respective
copyright holders indicated therein.


PUSH NOTIFICATIONS

When you are logged into the App, you may receive a message asking if you would
like to allow push notifications. Push notifications are a way for an
application to deliver information, including alerts, sounds and icon badges to
your mobile device. Push notifications can be delivered whether or not you are
currently logged-in to and/or using the application and whether or not the
device is locked and/or in sleep mode. The following are examples of the types
of push notifications we may send depending on your account and/or your
preferences: 

Due date reminders, instructor messages, Cengage announcements, activity due
date changes, activity score changes and activity comments. Cengage does not
charge a fee for sending push notifications, but fees may be imposed by your
carrier or service provider depending on your data plan. If you do not wish
others to view your notifications, you should establish a passcode lock for your
device, lock it when not in use and guard your devices screen when it is
unlocked. If you do not wish to receive push notifications from us, click "Don't
Allow" or other similar button when prompted. If you allow push notifications
from us but later decide you no longer want to receive them, you can adjust your
settings in the App menu, if available, or turn them off through your device
notifications settings.


WIRELESS SERVICE DISCLAIMER

ACCESS AND USE OF THE APP AND SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF
WIRELESS SERVICE PROVIDERS. CENGAGE DOES NOT OPERATE THESE NETWORKS AND HAS NO
CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. CENGAGE WILL NOT
BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE
AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE
INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION,
UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS
ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION.
CENGAGE DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE
APP AND SERVICES. USE OF THE APP AND SERVICES WIRELESSLY MAY INVOLVE THE
ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS
SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS
USED TO ACCESS THE APP AND SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY
OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS
GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH
YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR SECURITY PRACTICES. CENGAGE
WILL TREAT YOUR DATA IN ACCORDANCE WITH THE CENGAGE PRIVACY NOTICE. YOUR
WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS
SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR
TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING
YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY
RESPONSIBLE FOR SUCH CHARGES.


U.S. LEGAL COMPLIANCE

You may not use or otherwise export or re-export the App except as authorized by
United States law and the laws of the jurisdiction in which the App was
obtained. In particular, but without limitation, the App may not be exported or
re-exported (a) into any country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a “terrorist supporting”
country; and (b) to anyone listed on any U.S. Government list of prohibited or
restricted parties. By using the App, you represent and warrant that you are not
located in any such country or on any such list.


COMMERCIAL STATUS

The App and related documentation are "Commercial Items", as that term is
defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the
terms and conditions herein. Unpublished rights are reserved under the copyright
laws of the United States.


QUESTIONS

For all customer service questions related to the App and your account, please
visit www.cengage.com/support or call 800-354-9706, or write to Cengage
Learning, Inc. at 200 Pier Four Blvd, Boston, MA 02210.  


4LTR PRESS

Instructor Use: If you are a teacher or instructor, you may incorporate Cengage
Content (including your modifications and derivative works of Modifiable Cengage
Content) in: (1) in-class handouts (provided without charge and limited in the
number of copies), (2) online classrooms or courses (provided access to the
Cengage Content is limited to matriculated students enrolled in your class who
are required to accept the Cengage Terms of Use including these Supplemental
Terms and enter a unique passcode or other verifiable industry-standard
authentication system that ensures each user is individually identified before
such access), (3) in-class displays (e.g., via projector, computer monitor or
television screen), (4) class outlines or lessons, and (5) non-fee based exams,
in each case associated with a course of study (i.e., a class) for which the
e-book included in the Service as specified in an Order (“Title”) has been
adopted and is concurrently being used (“Course”).

Institution Subscription: This Section applies only if an applicable Order
specifies that you are acquiring a Service subscription for an institution.
Subject to your payment of the applicable fees and taxes, you may authorize your
students, faculty, and administrative staff (collectively, “Authorized Users”)
to access and use the applicable Service for non-commercial educational or
instructional use, on condition that those Authorized Users accept the Cengage
Terms of Use including these Supplemental Terms before or during their first use
of that Service. For Service subscriptions that include a limit on the number of
Authorized Users, Authorized Users includes all individuals authorized to use
the Service, regardless of whether any such individual is actively using that
Service at a particular time. You shall ensure that Authorized Users and any
other person that uses the Service through the use of your password and account
comply with the Cengage Terms of Use including these Supplemental Terms. You
shall take all reasonable precautions necessary to safeguard against
unauthorized access and use of the Service through your password and account,
including ensuring that an Authorized User ceases use of the Service after that
Authorized User is no longer associated with your institution.  


SAM

Instructor Use: If you are a teacher or instructor, you may incorporate Cengage
Content (including your modifications and derivative works of Modifiable Cengage
Content) in: (1) in-class handouts (provided without charge and limited in the
number of copies), (2) online classrooms or courses (provided access to the
Cengage Content is limited to matriculated students enrolled in your class who
are required to accept the Cengage Terms of Use including these Supplemental
Terms and enter a unique passcode or other verifiable industry-standard
authentication system that ensures each user is individually identified before
such access), (3) in-class displays (e.g., via projector, computer monitor or
television screen), (4) class outlines or lessons, and (5) non-fee based exams,
in each case associated with a course of study (i.e., a class) for which the
e-book included in the Service as specified in an Order (“Title”) has been
adopted and is concurrently being used (“Course”).

Institution Subscription: This Section applies only if an applicable Order
specifies that you are acquiring a Service subscription for an institution.
Subject to your payment of the applicable fees and taxes, you may authorize your
students, faculty, and administrative staff (collectively, “Authorized Users”)
to access and use the applicable Service for non-commercial educational or
instructional use, on condition that those Authorized Users accept the Cengage
Terms of Use including these Supplemental Terms before or during their first use
of that Service. For Service subscriptions that include a limit on the number of
Authorized Users, Authorized Users includes all individuals authorized to use
the Service, regardless of whether any such individual is actively using that
Service at a particular time. You shall ensure that Authorized Users and any
other person that uses the Service through the use of your password and account
comply with the Cengage Terms of Use including these Supplemental Terms. You
shall take all reasonable precautions necessary to safeguard against
unauthorized access and use of the Service through your password and account,
including ensuring that an Authorized User ceases use of the Service after that
Authorized User is no longer associated with your institution.


FONTS

You may use the fonts embedded in the Service to display and print Cengage
Content provided in the Service. You may temporarily download the fonts to a
printer or other output device to print content, and you may embed fonts in
Content only as permitted by the embedding restrictions in the fonts.


PATHBRITE

Definitions
“Admin Users" mean your employees (i.e. faculty, instructors, and/or
administrators) accessing the PathBrite Service in connection with the provision
of your educational services and operations to Student Users.

“Student Users" means individual students who are enrolled in your educational
program(s) and who are provisioned with accounts to use the PathBrite Service in
connection with these Terms.

"Users" means, collectively, Admin Users and Student Users.

Use of the PathBrite Service

Subject to the Cengage Terms of Use including these Supplemental Terms, and
during the term of Service as specified in your Order (“Term”), Cengage hereby
grants you permission to allow Admin Users to access and use the PathBrite
Service solely in connection with your educational operations and the provision
of coursework to Student Users, it being understood that Student Users' use of
the PathBrite Service is subject to such Student Users' acceptance of the
Cengage Terms of Use including these Supplemental Terms.  

Admin Users may have access to additional features of the PathBrite Service
designed to facilitate administering the PathBrite Service for Student Users.
Each Admin User will be required to have an account and password, and you will
be solely responsible for all activity on the PathBrite Service occurring under
an Admin User's account, including with respect to User Content.

Provided you are in compliance with the Cengage Terms of Use including these
Supplemental Terms, including payment of all applicable fees, Cengage will
provide the support services and use commercially reasonable efforts to meet the
service level commitments set forth below.

Representations and Warranties
You represent, warrant and covenant to Cengage that you shall, and that it is
your sole responsibility to, obtain any and all necessary consents to authorize
you to release applicable Student Users' educational records (as such term is
defined in the Family Educational Rights and Privacy Act ("FERPA") to Cengage
for the purpose of providing the PathBrite Service to Users hereunder (any such
covered educational records provided to Cengage hereunder, the "Educational
Records").

Support and Service Levels
Cengage will provide the support services described in this Section.  Cengage's
support obligation hereunder is solely to two designated support contacts
identified by you, not to Users directly, and you shall be solely responsible
for providing support to your Users. Basic technical support contacts and hours
are as follows:


TECHNICAL SUPPORT

Support Contacts
Email ( support@pathbrite.com )
Phone (415-766-4505)

Support Hours
Eastern 9am–8pm, Monday–Friday excluding U.S. federal holidays ("Business
Hours").

If the PathBrite Service fails to operate substantially in accordance with the
Documentation (a "Problem"), your designated Support Contact must, as soon as
reasonably practicable, contact Cengage via email to the address designated by
Cengage and provide a detailed description of the nature of the Problem, and all
other technical data available (including any applicable error codes or
messages) to enable Cengage to analyze and fix the Problem. Cengage will use
commercially reasonable efforts during Business Hours to provide workarounds and
solutions for properly reported Problems.

When needed, Cengage may disable some or all access to the PathBrite Service to
conduct system maintenance and updates, generally between the hours of 12:00
A.M. and 5:00A.M. Pacific Time, except in the event of an urgent security or
similar need (e.g. application of security patches and the like)
("Maintenance"). Cengage will use commercially reasonable efforts to provide you
with advance notice of such Maintenance.

The PathBrite Service will be accessible by Admin Users and Student Users 99.5%
of the time, 7 days per week, and 24 hours per day ("Uptime Commitment"), as
calculated over a calendar month (unexcused deviation from the Uptime
Commitment, "Downtime"). Uptime Commitment shall not apply to any service
interruption which results from or is caused by: 1) Maintenance; 2) failure of
IT or network infrastructure not controlled by Cengage; 3) any User or other
third party not under Cengage’s control.

If Cengage fails to meet its Uptime Commitment in any given month, as your sole
and exclusive remedy, and Cengage's sole and entire liability, Cengage shall
provide you with a credit for use solely towards professional services or
subscription fees payable for a subsequent renewal term ("Service Credits"), in
an amount equal to a percentage of the applicable subscription fee attributable
to the month during which Cengage failed to meet the Uptime Commitment, as
follows:

#of Hours Monthly Downtime / Service Credits
< 4 hours / 5%
> 4 hours to 24 hours / 8%
> 24 Hours / 10%

For example, if the subscription fee is $100,000/yr., the Service Credit for 3
hours of monthly Downtime is 5% of ($100,000 I 12), or $416.66.

To receive a Service Credit, you must make a request for a Service Credit to
your designated Cengage representative or the Cengage support team. To be
eligible, the request must (i) include the dates and times of each incident of
Downtime in the preceding month; and (ii) be received by Cengage within 30 days
after the end of the billing cycle in which the Downtime occurred.

Upon receipt of a Service Credit request in compliance with the above
requirements, Cengage shall have 30 days to review the request and to validate
the information provided. If Cengage determines in good faith that the PathBrite
Service failed to meet the Uptime Commitment as alleged in such a request, then
Cengage will apply the Service Credit to your account for your use as described
above. Unused Service Credits do not survive any termination or expiration, and
will not be refunded or paid out following any termination or expiration.


WEBASSIGN

WebAssign, a Cengage Service made available at www.webassign.com , includes
online homework delivery, grading, and assessment functionality, and is
available to instructors through paid subscription, for specified classes and
time durations. The main purpose of the WebAssign Service is to provide
instructors with a secure, accessible platform in which to assign and grade
homework and assessments, in order to assess student performance and
comprehension. The WebAssign Service can also be used for quizzes, tests, labs,
and self-study depending on the instructor’s application of the WebAssign
Service. In the WebAssign Service, course materials, including textbooks,
questions, answers, multimedia files, and ebooks, are accessible to students
between the start and end dates, set by the instructor, of the courses for which
access has been purchased. This restriction applies to single-semester access,
multi-semester access, and Lifetime Of Edition access (“Lifetime of Edition”
means that the student has access to course materials whenever that student is
enrolled in a course within the same institution where the same edition of such
materials is being used).

The WebAssign Service may be used only in conjunction with an educational course
offering in which you are enrolled or which you are teaching or administering,
as applicable.


WEBASSIGN IDS

Student usernames and passwords may be provided to WebAssign for use with the
WebAssign Service by the instructor (or, if the instructor chooses and if
available, by self-enrollment functionality).  WebAssign determines any
applicable institution code. You should change your password before starting to
use the WebAssign Service, to prevent unauthorized access to your assignments.
To facilitate communication between WebAssign and users of the WebAssign
Service, and for retrieval of login information, we use email addresses.

If your WebAssign Services account has been set up by your instructor or other
administrator, your instructor or administrator may be able to access or disable
your account.  WebAssign shall have no liability for any acts or omissions of
your instructor or other administrator.


SHARED CONTENT

You may be able to specify that Shared Content is generally available for use by
all other WebAssign Service users, or only to the WebAssign Service users that
you specifically allow to use the Shared Content.


QUESTIA

Lifetime Subscriptions
Questia, a Cengage Service, offers lifetime subscriptions, which will remain
active for the life of the person who purchased the subscription, or in the case
of a gift purchase, for the life of the person for whom the subscription was
purchased. Terms of lifetime subscriptions are subject to additional conditions
as outlined in this Section.

Subject to the early termination provisions set forth below, lifetime
subscribers will be provided at least 5 years (60 months) of access to Questia.
However, in the event Questia discontinues the service or ceases to do business,
or in the event of an acquisition of Questia, change of control of Questia,
significant merger, or other legal reorganization, Questia may terminate
lifetime subscriptions by returning your purchase price less an amount computed
by multiplying your purchase price by a fraction, the numerator of which is the
number of complete months since your purchase of the lifetime subscription and
the denominator of which is 60. Questia has the right to terminate your account
if you violate the Cengage Terms of Use, including these Supplemental Terms. If
Questia terminates your account because of a violation of the Cengage Terms of
Use, including these Supplemental Terms, Questia will not refund any portion of
your subscription price. Questia may introduce additional Services from time to
time, which may be excluded from an existing lifetime subscription without
additional cost.

If your Questia lifetime subscription account has no activity for a period of 5
years we will consider that account dormant and will remove online access to the
data. We will then keep the data for an additional year, at which point we will
delete your data. Activity is defined as a login to the Questia service.

You can cancel your lifetime subscription upon notice to Questia; however,
cancellation of a Questia lifetime subscription will not result in a refund.

Subscriptions Purchased for You by Others

If your subscription was purchased by someone else, you will not be billed by
us. If you wish to cancel your subscription, please contact Customer Service.
Cancellation will not result in a refund.

Plagiarism and Commercial Use Prohibited
You agree not to misuse our research Service to plagiarize or represent the work
of others as your own. You may not make any commercial use of this Service,
including charging others for access or selling collections of material gathered
from our site. You are not permitted to copy any portion of our site for
distribution to others other than in the normal course of your personal or
academic research.


QUALITY AND ACCURACY OF DIGITIZED TITLES

We are committed to ensuring that electronic versions of titles in our Service
mirror their original print versions to the fullest extent possible. Although we
are vigilant about ensuring the highest level of integrity of digitized titles,
we do not guarantee the quality or accuracy of any information provided in the
Service.




CENGAGE UNLIMITED

Cengage Unlimited provides you with subscription-based access to Cengage eBooks,
courseware, study guides, and other resources on supported devices. The
following terms apply to Cengage Unlimited, and are in addition to the main
Cengage Terms of Use.
 


USERS

Cengage Unlimited is available only to users who are enrolled in institutions
located in the United States.
Cengage Unlimited is for your personal use only. You may access Cengage
Unlimited on no more than two devices or sessions at the same time.


TERM

You may acquire Cengage Unlimited for a single-semester term, a one-year term,
or a two-year term.

A single-semester subscription lasts 4 months from the date you register for
your subscription, unless Cengage specifies a different length of term (for
example, Cengage may in its discretion specify a longer term if you obtain your
subscription substantially prior to the beginning of your semester, or in
connection with other one-time promotions).

A one-year subscription lasts 12 months from the date you start your
subscription, and a two-year subscription lasts 24 months from the date you
start your subscription.

If you have purchased a single-semester subscription and are enrolled in a
multi-semester courseware  assigned over multiple, semesters, you may continue
to access and use your assigned multi-semester courseware, without an additional
fee. However, unless you extend the Cengage Unlimited subscription, the other
features of Cengage Unlimited (other than the digital locker described below)
will not be available after the Cengage Unlimited subscription expires. If you
enroll in a one semester courseware, during the term of your Cengage Unlimited
subscription, and the Cengage Unlimited subscription expires prior to the
completion of the course, you will no longer have access to your courseware,
without purchasing an extension to your Cengage Unlimited subscription, or
purchasing the courseware separately.
If you want to upgrade to a longer Cengage Unlimited term and receive credit for
your prior payment, you must do so within the first 14 days of starting your
paid Cengage Unlimited subscription.


EBOOKS

As part of Cengage Unlimited, you have online access to Cengage’s library of
digital eBooks.  eBooks are provided in multiple different electronic formats.
 Certain formats may not be fully viewable on your device.


COURSEWARE

Your access to Cengage courseware (such as MindTap, WebAssign, and OWLv2) is
limited to educational course offerings in which you are enrolled and for which
you have received a valid course key from your instructor.

Certain courses may require items (such as workbooks and third-party software
and materials) that are not amenable to digitizing into an eBook or Cengage
courseware.  Your instructor may require you to purchase such items, and they
are not included as part of the Cengage Unlimited subscription.


UPDATES

Cengage courseware, eBooks, study guides, third-party products and other
resources included in Cengage Unlimited may be removed, added, replaced and
updated from time to time by Cengage in its discretion, without notice to you.
 For example, in some cases old editions of an eBook will not be available or
will be removed.


ANCILLARY PRODUCTS

eBooks and courseware in Cengage’s library may not include ancillary products
and materials included in or bundled with a corresponding printed textbook (such
as access to software, workbooks, study guides, supplemental questions, etc.
included with the printed textbook).


DIGITAL LOCKER

Users who have activated a Cengage Unlimited subscription prior to 1 February
2020 may be eligible for a Digital Locker benefit.  This benefit allows you
to keep up to 6 eBooks as part of your Cengage Unlimited subscription and
continue to access them for 1 year after the end of your paid Cengage Unlimited
subscription.  This is referred to as your digital locker.  After this one-year
post-termination access period is over, you will no longer have access to the
stored eBooks in your digital locker (unless you obtain a new Cengage Unlimited
subscription under the same account prior to the end of this one-year
period). Users who activate a Cengage Unlimited subscription after January 2020
will not be eligible for the Digital Locker benefit.


FREE TRIAL; NONREFUNDABLE

Cengage may in its discretion offer free trials of Cengage Unlimited in certain
circumstances. After the end of any free trial, you must pay for the full
Cengage Unlimited subscription or your rights to use Cengage Unlimited will be
terminated.

All fee paid for Cengage Unlimited are nonrefundable.


TEXTBOOK RENTALS

If your instructor has assigned use of Cengage courseware that is included as
part of Cengage Unlimited, then you may obtain one free print textbook rental
associated with such course, for use during the duration of the course, if
availble.  You need only pay the current shipping fee (the current shipping fee
is specified on the Cengage Unlimited site).

Rental of print textbooks is not available to all countries.

In Cengage’s discretion, text book rentals may be processed by a third-party
service provider.  You agree to any terms associated with the textbook rental
provided by Cengage’s third-party service provider.


CREDITS FOR PRIOR PURCHASES

If you acquired a standalone Cengage courseware product prior to obtaining a
Cengage Unlimited subscription and for the same academic semester, Cengage will
credit you with the amount paid for such product towards the Cengage Unlimited
subscription fee.  The maximum credit available to you is the amount of the
Cengage Unlimited subscription fee; refunds are not provided.

 


NONTRANSFERABLE

Cengage Unlimited subscriptions are personal to you and your current school.
 You may not transfer your subscription to any other person, and you may not use
your Cengage Unlimited subscription if you move to another school.


ED2GO

Ed2Go, a Cengage Service made available at www.ed2go.com , is an online
continuing education provider.   Some Ed2Go courses offer a certification for
completion of the course.  You shall receive that certification directly from
your instructor, after receiving a passing grade.

Career Online High School is a division of SHCOE (Smart Horizons Career Online
Education), which has been granted District Accreditation from the
AdvancED/Southern Association of Colleges and Schools (SACS) Accreditation
Commission.  AdvancED/SACS District accreditation signifies that the Online High
School and all affiliated partner schools are able to offer an AdvancED/SACS
accredited high school diploma.  The program requires you to complete a
pre-certification high school elective course prior to enrollment in the
fulltime Career Online High School program to earn your diploma. Once enrolled
you will have eighteen (18) months to complete the coursework for your United
States’ high school diploma.



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