The Service permits students, teachers or other Authorized Users (as defined below) to log into the Service using their assigned user name and password, as supplied by Pearson or by such Authorized Users’ Licensed Customer.
AUTHORIZED USER LICENSE
You may not modify, adapt or reverse engineer the Service or any Materials provided via the Service, and any attempt to do so is a violation of Pearson’s and/or its licensors’ rights. You may not (i) frame or utilize framing techniques to enclose any part of the Service or any Materials; (ii) gather, obtain, use, access or otherwise copy the Service or any Materials by using any bot, spider, crawler, spyware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service; or (iv) engage in any activity that interferes with another Authorized User's access, use or enjoyment of the Service.
Neither Pearson nor its licensors guarantee the accuracy or completeness of any Materials. Authorized Users must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials. Please note that Pearson is continuously improving the Service, and may modify or adapt the Service at any time without any notice or obligation to you, at Pearson’s sole discretion.
LINKS TO AND FROM OTHER WEBSITES; THIRD PARTY TERMS
COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise indicated, trademarks that appear within the Service are trademarks of Pearson or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear within the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pearson or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson or its affiliates.
Any comments or suggestions submitted to the Service or to Pearson, either online or offline, will become Pearson’s property upon their submission.
To the extent that portions of the Service provide Authorized Users with an opportunity to communicate with each other, to post and exchange information, or to create, input, upload, or post content (collectively, “User Content”), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, REMOVE OR REVIEW SUCH USER CONTENT PRIOR TO ITS APPEARANCE WITHIN THE SERVICE. To the fullest extent permitted by applicable law, Pearson shall in no event have any responsibility or liability for User Content or for any claims, damages, or losses resulting from its use and/or appearance within the Service. Pearson reserves the right (but shall not be obligated) to monitor all User Content and to remove any User Content which Pearson considers, in its sole discretion, to be inaccurate, offensive, inappropriate or otherwise in breach of these terms and conditions.
You acknowledge and agree that User Content may be accessible to other users of the Service. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all material contained therein, and to allow Pearson the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, display and distribute such User Content within the Service; that your User Content shall not infringe any rights of third parties; that your User Content shall not contain any viruses or other contaminating or destructive devices or features; that your User Content shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your User Content shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS TO YOU AS AN AUTHORIZED USER. OTHER THAN THOSE WARRANTIES EXPRESSLY PROVIDED BY PEARSON, IF ANY, IN ITS AGREEMENT WITH THE LICENSED CUSTOMER, PEARSON AND ITS LICENSORS DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL PEARSON, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PEARSON OR AN AUTHORIZED PEARSON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE LOSS OF DATA AND/OR THE USE OF, OR THE INABILITY TO USE, THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the limitations above may not apply to you.
GENERAL INFORMATION; GOVERNING LAW
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
If you have any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
Pearson K12 Learning LLC
221 River Street
Hoboken, NJ 07030
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material within the Service (“Infringing Material”), and information reasonably sufficient to permit Pearson to locate such material within the Service;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single website are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.