Website Terms of Service

Version 1.1

Last Updated January, 3 2024

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS

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 access to a website (“Website”), which may be delivered to you through the Internet via your browser or app (mobile or otherwise). Your use of the Website is subject to the terms, conditions, and policies referenced herein. It is important to us that the Website provide you with a helpful and reliable experience. To protect our rights and yours, we have prepared these Terms of Use that apply to all users of the Website.

If you have any questions concerning the Terms of Use, please contact us at Pearson Support.

Please note that your access to and use of other Pearson and third-party products and services linked to or from, or accessed or purchased via, this Website may be subject to additional usage terms, purchase terms and/or privacy policies that may vary from the terms herein. By using this Website, you represent that you have read and understood these Terms of Use and agree to be bound by them. You agree to use the Website in a manner consistent with all applicable laws and regulations and in accordance with these Terms of Use. Do not use this Website if at anytime you do not agree with any part of these Terms of Use.

Privacy

Please read our Privacy Notice, which is an important part of these Terms of Use.

Acceptable Use of the Website

Use of the Website is subject to Pearson’s Acceptable Use Policy (“AUP”). By accessing or using the Website you agree to comply with the terms of the AUP. Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Website, or to take any other appropriate legal action, with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Website, the Service Network (as defined in the AUP), or other users, or for any other reason at the sole and absolute discretion of Pearson.

Changes in Terms of Use

Pearson has the right to change or modify these Terms of Use at any time, including the AUP and Privacy Policy applicable to your use of the Website. Such changes or modifications shall be effective immediately upon notice, which may be given by means including, but not limited to, posting within the Website, or by electronic or conventional mail, messaging, or by any other means by which you may obtain notice. Any use of the Website by you subsequent to such notice shall be deemed to constitute your acceptance of such changes or modifications.

Products and Pricing

Pearson reserves the right to amend any of its pricing at any time without prior written notice, and the pricing in effect at the time of your purchase shall apply. Pearson further reserves the right to correct pricing inaccuracies, errors, or omissions, and is not required to supply you with products or services at an incorrectly displayed price, as determined in Pearson's sole discretion. Pearson, without any penalty or liability, also reserves the right, at any time and without notice to you: (1) to publish or replace current Pearson products with new, revised, or updated products at any time; and (2) to discontinue offering a Pearson product or service.

Visitor License

You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Website subject to the terms and restrictions set forth herein. Use of the Website for any purpose other than as contemplated in these 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. You agree that you 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. All rights not expressly granted herein are reserved by Pearson.

Certain features of the Website 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. You understand that the Terms of Use applies only to the parts of the Website 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 your use of the Website, you warrant to Pearson that you will not use the Website for any purpose that is unlawful or prohibited by the Terms of Use or AUP. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on the Website.

Termination

Pearson reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Website or any part thereof or terminate any user’s access to the Website or any part thereof. Pearson may also modify, delete, or adapt the Website at any time without any notice or obligation to the user at Pearson’s sole discretion. Your right to use and otherwise access the Website is automatically terminated 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 Website, or any part thereof. Upon termination for any reason of your right to use and otherwise access the Website, you must cease all access to the Website. 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 Website from a third-party website and the Website may provide links to other third-party websites or resources (collectively, “3P Sites”). Because we do not control such 3P Sites you acknowledge and agree that Pearson is not responsible or liable for the content, products or performance of those 3P Sites, and you hereby irrevocably waive any claim against Pearson with respect to such sites. Pearson reserves the right to terminate any link at any time without notice. The inclusion of a link to such 3P Sites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Pearson of that 3P Site, or any products or services provided therein. The information practices of those 3P Sites are not covered by the Terms of Use or any other policies or terms applicable to the Website. We recommend that you review any terms of use and privacy policy of those 3P Sites linked to the Website before providing any information to those websites or using their products and services.

Please note that the Website 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 these Terms of Use. Please review the privacy statements, terms of use and other policies or terms that may apply to other Pearson sites prior to your use of such sites

Copyright and Trademark Notices

The entire content of the Website 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 Website without the express written consent of Pearson and/or its licensors is strictly prohibited.

Use of robots, bots, spiders, crawlers, scripts, code, software, or any manual or automatic device, program, tool, algorithm, process, or methodology designed to data mine or scrape the material, content, data, or information from the Website, or otherwise use, access, acquire, copy, collect, or monitor the material, content, data, or information from the Website using automated means and without the prior written permission of Pearson is strictly prohibited.

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

Reservation of Rights for Text and Data Mining

Pearson Education reserves its rights to use the works, content, and data made available by it (collectively “Works”) for the purpose of text and data mining, i.e. for the automated analysis of individual or multiple digital or digitized Works for the purpose of obtaining or generating information, in accordance with Article 4 (3) of Directive (EU) 2019/790 or other applicable law, directive or regulation. Use of such Works for text and data mining is only permitted with the express and written consent of Pearson Education and otherwise prohibited to the fullest extent permitted by law.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE ARE 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; (2) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT: (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED; AND (3) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE 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 WEBSITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE WEBSITE.

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: (a) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE WEBSITE; (b) 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 WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE.

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 Website, your connection to the Website, your breach of any representation, warranty or obligation, your violation of these Terms of Use, or your violation of any rights of another user.

Feedback and Submissions

We welcome specific feedback regarding existing Pearson Products and Services, which may be provided here. You hereby acknowledge that all right, title, and interest and any other intellectual property rights in such feedback, comments, or suggestions shall become the exclusive property of Pearson and may be used for its business purposes at Pearson’s sole and absolute discretion without any payment or accounting to you. 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 feedback, comments, or suggestions.

We will not, however, otherwise accept, review, or consider any other unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. Please do not send or provide any such submissions in any form to Pearson or any of its employees or contractors.

If you nonetheless still submit them, then regardless of what your correspondence says, you agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Pearson, without any compensation to you; (2) Pearson may use or redistribute your submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Pearson to review your submissions; and (4) there is no obligation to keep any submissions confidential.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any content or materials posted on the Website 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.
221 River Street
Hoboken, NJ 07030
Facsimile: (201) 785-2721
email: pearsondmca.agent@pearson.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 Website (“Infringing Material”), and information reasonably sufficient to permit Pearson to locate such material on the Website;

• Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the 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.

General Information; Governing Law

The Terms of Use constitute the entire agreement between you and Pearson, govern your use of the Website, and supersede any prior agreements between you and Pearson concerning the Website. You also may be subject to additional terms, conditions, and policies that may apply when you access, purchase, or use other Pearson or third-party products and services, 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 Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or other parties in no way constitutes a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches. If a provision of these Terms of Use is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as practicable, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected. Those provisions will remain in full force and effect.

Ownership

The Website is owned and operated by Pearson and the contents of the Website are protected by copyright of Pearson and/or its licensors.

Violations

You agree to report any violations of the Terms of Use as soon as you become aware of them by contacting us at  Pearson Support.