Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

Pearson Education, Inc. and its subsidiaries and affiliates ("Pearson") are providing you this website and the applications and services it contains (collectively, "Service").

Your use of the Service is subject to all terms and policies posted on this website (including the Privacy Statement collectively referred to as the "Terms of Use").

It is important to us that the Service provides you with a helpful and reliable experience. To protect our rights and yours, we have prepared this Terms of Use that apply to all users of the Service. If you have any questions concerning the Terms of Use, please contact us at realize@pearson.com.

PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF VARIOUS PEARSON AND THIRD PARTY PRODUCTS AND SERVICES WITHIN THE SERVICE OR LINKED TO OR FROM THE SERVICE MAY BE SUBJECT TO DIFFERENT TERMS AND POLICIES. PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH PRODUCTS AND SERVICES PRIOR TO USE. BY USING THE SERVICE, YOU (OR YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND AGREE TO BE BOUND BY THEM AND YOU (OR YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AGREE TO USE THE SERVICE IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THE TERMS OF USE. YOU REPRESENT THAT YOU ARE AN AUTHORIZED USER (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR IF YOU ARE NOT AN AUTHORIZED USER, YOU SHOULD NOT USE THIS SERVICE.

Privacy:
Pearson is concerned about the safety and privacy of all users, particularly children, of the Service. Please read our Privacy Statement which is an important part of the Terms of Use.

Changes in Terms of Use:
Pearson has the right to change or modify the Terms of Use, including the Privacy Policy applicable to your use of the Service, or any part thereof, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting within the Service, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice thereof. Any use of the Service by you subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications or additions.

Authorized User License:
You must be an Authorized User to use the Service. An "Authorized User" shall mean a student, faculty member/representative, school employee or board member who has gained lawful access to the Service (and such access has not been terminated) directly from Pearson or from Pearson as provided through the school of which such individual is affiliated. In addition to any other requirements specified in the Terms of Use, the use of the Service requires that you create a user account comprised of choosing a unique user name and password and providing certain registration information such as first name, last name and valid email address ("User Account"). In the case of a classroom, school or school district, the teacher or administrator will create user accounts on behalf of the students if the students are under the age of thirteen (13) and a unique user name and password will need to be distributed to each student by the teacher or administrator. No Authorized User may self-register for the Service if the user is under the age of thirteen (13). Your User Account is for your personal use only. Each Authorized User may have only one active User Account at any given time. You should keep your User Account information confidential. You agree not to use another Authorized User's user name and password to access the Service, or to provide your User Account information to any other person or entity to access the Service. You agree to provide accurate and truthful information when creating a User Account.

Subscription:
Access to the Service requires the purchase of a subscription ("Subscription"). By purchasing a Subscription, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method for the purpose of purchasing a Subscription as described herein. A Subscription is valid only for the User Account(s) for which it is purchased and is otherwise non-transferable. Subscriptions are also non-refundable. Please note that if a Subscription is cancelled before the expiration of the current Subscription period, no refunds will be given to the purchaser for the remaining portion of the Subscription period.

From time to time, Pearson may offer free trials of Subscriptions to the Services and may limit free trials to only first time subscribers.

License and Limitations:
Authorized Users are granted, subject to the Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Service for non-commercial, personal, academic, educational, research, instructional, and related administrative purposes only.

Modifications of any materials in the Service for any purpose other than as contemplated in the Terms of Use is a violation of Pearson's and/or its licensors' copyright and proprietary rights. Neither Pearson nor its licensors guarantee the accuracy or completeness of any information or content. Authorized User agrees that he/she must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Included in the Services is a library of assets ("Library") containing images, graphics, text, video and audio (collectively, "Elements") that Authorized Users can incorporate into instructional material. Such Elements are either owned by Pearson Education, Inc. or its affiliates or are being used under license from third party rights holders. Excluding those Elements that have more restrictive limitations as reflected in their metadata, tags or other forms of information ("Limited Elements"), the remaining Elements in the Library may be accessed, downloaded, distributed, shared, reproduced and used (i.e. either integrated within other materials and/or on a stand-alone basis) by Authorized Users for non-commercial, educational and/or research purposes only. To the extent that an Element in a Library is an image (but excluding Limited Elements), Authorized Users are permitted to crop or rotate or otherwise modify such image for non-commercial, educational and/or research purposes only, provided that the editorial integrity of the image is not compromised. Except as expressly provided herein, Authorized Users may not: (i) adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials on the Service, including the Elements, unless specifically authorized by Pearson to do so; (ii) use an Element together with pornographic, defamatory, or otherwise unlawful content or content that infringes a third party's intellectual property or other proprietary right; (iii) use any Element (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services; (iv) frame or utilize framing techniques to enclose any part of the Service or any Element; (v) gather, obtain, use, access or otherwise copy the Service or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (vi) 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 such services; or (vi) engage in any activity that interferes with another Authorize User's access, use or enjoyment of this Service. In addition to the foregoing limitations, if an Element is an image depicting a person, Authorized Users are further prohibited from using such Element in a way that places the depicted person in a bad light -- this includes, but is not limited to the use of such Element: a) in pornography, "adult videos" or the like; b) in advertisements or promotional materials for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful content, including use of the Element containing the likeness of a person if such use implies that the person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.

In the event Pearson expressly permits any copying, redistribution or publication of copyrighted material within the Service, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Authorized User acknowledges that he/she does not acquire any ownership rights by in any of the foregoing.

Certain features of this Service may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties' terms of use and privacy policies—i.e., this license applies only to the parts of the Service, including the Elements, that reside on Pearson's (or its service provider's) servers and not to those that reside on third party servers not controlled by Pearson.

Representation and Warranty:
As a condition of use of the Service, you warrant to Pearson that you will not use the Service for any purpose that is unlawful or prohibited by the Terms of Use. You represent and warrant that you are an Authorized User. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Service. You further agree not to distribute, share, modify, post, display or otherwise exploit the authorized password or unique URL provided to you for access to the Service to any third party or other users, and you will not use the authorized password or unique URL in any manner not consistent with this Terms of Use.

Postings:
To the extent that certain areas of the Service provide Authorized Users an opportunity to post messages or other information or upload images, video and other material (collectively, "Posting(s)"), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THE SERVICE, and Postings do not necessarily reflect the views of Pearson. To the fullest extent permitted by applicable laws, in no event shall Pearson have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on the Service. The Postings are accessible and viewable to the general public and other users of the Service. Pearson reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of the Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any intellectual, proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

BY SUBMITTING A POSTING TO THE SERVICE, AUTHORIZED USER AUTOMATICALLY GRANTS, OR WARRANTS THAT THE OWNER OF SUCH MATERIAL HAS EXPRESSLY GRANTED, PEARSON THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE AND DISTRIBUTE SUCH POSTING (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED FOR THE FULL TERM OF ANY COPYRIGHT THAT MAY EXIST IN SUCH POSTING.

Termination:
Pearson reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Service or any part thereof or terminate any Authorized User's access to the Service or any part thereof. Pearson also may modify, delete or adapt the Service at any time without any notice or obligation to the Authorized User at Pearson's sole discretion. Your right to use and otherwise access the Service is automatically terminated (a) if you cease to be an Authorized User (including termination or expiration of the Subscription) or (b) if you violate the Terms of Use. You agree that Pearson will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. Upon termination for any reason, you must cease all access to the Service. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Pearson's ownership rights and your representations and indemnities shall survive termination.

Links to and from Other Websites:
You may have linked to the Service from a third party website (e.g., your school's intranet site). Additionally, the Service may provide links to other third party websites or resources. Because we do not control your school's intranet site or such other third party websites and resources, you acknowledge and agree that Pearson is not responsible or liable for the content, products or performance of your school's intranet site or such other third party websites and resources, and you hereby irrevocably waive any claim against Pearson with respect to your school's intranet site or such other websites and resources. Pearson reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Pearson of that website or resource, or any products or services provided therein. The information practices of those websites, including your school's intranet site, are not covered by the Terms of Use or any other policies or terms applicable to the Service. We recommend that you review any terms of use and privacy policy of your school's intranet site and any third party website linked to the Service before providing any information to those websites or using their products and services.

Please note that the Service may also provide links to other sites brought to you by Pearson. The privacy statement and terms of use of other Pearson sites may vary from the Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other Pearson sites if you should choose to use such sites.

Copyright and Trademark Notices:
The entire content of the Service and any supporting software are the proprietary property of Pearson and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Pearson and/or its licensors is strictly prohibited.

Unless otherwise indicated, trademarks that appear on this Service are trademarks of Pearson or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear in 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.

Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED;

(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER PEARSON NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.

Limitation of Liability:
IN NO EVENT SHALL PEARSON OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.

Indemnification:
You agree to indemnify and hold Pearson and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Pearson by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

Submissions:
Pearson always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to the Service or Pearson, either online or offline will become Pearson's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.

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). Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

DMCA Designated Agent
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Facsimile: (201)785-2721
email: dmca.agent@pearsoned.com

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 on the Service ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Service;
  • Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Service 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.

General Information; Governing Law:
The Terms of Use constitute the entire agreement between you and Pearson, govern your use of the Service, and supersede any prior agreements between you and Pearson concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of Pearson to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Ownership:
This Service is owned and operated by Pearson and the contents of this Service are protected by copyright of Pearson and/or its licensors.

Violations:
Please report any violations of the Terms of Use to us.

Last Update to Terms of Use: 01/11/12