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Cengage Learning Higher Education Terms and Conditions for iChapters.com

The following terms ("Terms of Use") govern your use of: (i) the content and information (“Site Content”) made available on the Site; (ii) eBooks and individual eChapters (“Downloaded Content”) made available for purchase via download. Content shall be deemed to include without limitation, Site Content, Downloaded Content, product descriptions, publication titles, Cengage Learning trademarks, services marks and logos, all other Site Content and Downloaded Content. Each end user may only register and create a single account. Each end user may only purchase one copy of a particular Downloaded Content.

Cengage Learning reserves the right to change, modify, or remove portions of these Terms of Use at anytime. It is your responsibility to periodically check these Terms of Use for any such updates or modifications. BY REGISTERING USING, AND/OR CONTINUING TO USE THE ICHAPTERS.COM WEB SITE (FOLLOWING A MODIFICATION TO THESE TERMS OF USE), YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS, AS THE SAME MAY BE SUBSEQUENTLY MODIFIED OR CHANGES BY CENGAGE LEARNING. You also agree to transact with us electronically and consent to our privacy practices.

Registration

When you register with the Site, we will open up a registered user account. When you register, you represent that you are providing complete and accurate information about yourself, including accurate and up-to-date billing information and that you are over the age of eighteen (18). You agree to keep this information up-to-date. You are responsible for all activities under your registered user account, including all legal liability incurred from the use of your account by others. You are responsible for keeping your password confidential. You may not use the Site in any way that is unlawful or is in violation of these Terms of Use, guidelines or any policies posted on the Site.

Privacy

Our Privacy Policy explains the practices that apply to your information when you use the Site. Your ongoing use of the Site signifies your consent to the information practices disclosed in our Privacy Policy.

Your Use of the Site and Content

The Content is the property of Cengage Learning or its licensors and is protected by copyright, patent and trademark laws as well as other intellectual property and unfair competition laws, and may not be downloaded, reproduced, distributed, transmitted, modified or otherwise appropriated in any form or by any means, without the express written consent of Cengage Learning. This Site and Content may also contain security components that protect digital information.

Downloaded Content License Terms and Digital Rights Management

The software and Downloaded Content made available to you on the Site may include technology that protects digital information and limits your usage of the Content that you may download from or otherwise obtain via this Site. Subject to your compliance with these Terms of Service, Cengage Learning hereby grants you a limited, non-sublicensable, nontransferable license to use Downloaded Content (subject to the restrictions noted below) purchased by you through the Site for your own personal, noncommercial use. You shall not, except as expressly provided for herein: (i) remove any proprietary notices and/or language from the Content; (ii) sell, distribute, download, or publicly display the Content received through the Site to anyone, including but not limited to others in the same organization, without our express prior written consent, which may be withheld for any reason; (iii) make any modifications to the Content. In connection with the limited license provided for herein, our digital rights management software and license terms restricts your access to Content as follows:

The license and access to Downloadable Content purchased by you is time limited for the time period disclosed when the Content is purchased. Most Downloadable Content is accessible online for a period of six (6) months, but must be re-authenticated (by entering in your account credentials) every sixty (60) days in order to access such Content locally/offline. After the license expires, you cannot access the Downloadable Content, even if it is stored locally/offline.
Each eBook and eChapter purchased through the Site may be accessed by the purchaser from two computers at any time. If you try to access any such Downloaded Content from a third computer, you will be denied access unless you “check in” one of your two open licenses.
Your Downloadable Content cannot be forwarded and/or shared.
Standard "right-click" mouse functions are disabled, so that Content you are viewing online cannot be copied, pasted or saved as another file.
Downloadable Content cannot be returned.
Downloadable Content is functionally equivalent to its corresponding Print Product. However, in some cases, individual items have been removed for web delivery.

You must not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security components. The security components are provided in part by our suppliers and vendors. From time to time, the software you use to download information from the Site may directly connect to an Internet Site operated by one of our vendors to upgrade the security components on your software. By registering for, using, and/or by downloading Downloadable Content from the Site, you agree our use of the security components and the automatic upgrading of such security components.

Payment and Billing

Returns, Refunds, Exchanges. All licenses to Downloadable Content are nonrefundable, non-returnable and may not be exchanged.

You agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. In additional certain promotional offers and discounts may apply to first time purchasers only.

We will disclose your payment terms at the time you make purchases from the Site; you can also review your payment terms from time to time by visiting the "Help" or "My Stuff" area on the Site.

You must select a payment method to pay us for any purchases you make from us. Every time you use the Service, you reaffirm that
(i) we or our authorized billing agents is authorized to charge your designated payment method;
(ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ECNEXT, INC. AS THE BILLING AGENT FOR THE SERVICE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle. All purchases for Downloadable Content and all subscriptions are final and nonrefundable.

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Software

We or our suppliers may provide you with software to use with the Service ("Software"). Such Software will be subject to the terms of the license agreement that accompanies the Software.

Disclaimer of Warranties and Liability

Due to the number of sources from which information on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in information and the service. THIS SITE AND THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SITE ITSELF. WE, OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, SOFTWARE, CONTENT OR ANY INFORMATION YOU OBTAIN FROM THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT OR INFORMATION THROUGH THE SITE. IN NO EVENT WILL WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS AGGREGATE LIABILITY HEREUNDER SHALL BE LIMITED TO AMOUNTS PAID TO US BY YOU IN CONNECTION WITH YOUR USE OF THIS SITE.

Indemnification

You agree to indemnify and hold Cengage Learning, and its officers, directors, employees, affiliates, agents, subsidiaries, parents, distributors, and licensors and their respective assigns and/or successors-in-interest harmless form any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against Cengage Learning due to or arising out of you your use of the Site and/or the Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Cancellation or Termination

Either you or we may cancel or terminate your registration or use of the Site at any time. Cancellation of your registration is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (i) any term of these Terms of Use or our enforcement or application of these Terms of Use; (ii) the information available on the Site or any changes we make to the Site; (iii) your ability to access and/or use the Site and/or Content; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

We may also terminate your license to all Content acquired from us in the event of any breach by you of the terms contained in these Terms of Use.

Electronic Transactions and Notice

Your affirmative act of purchasing or registering for the Site constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site. We can send you electronic notices (i) to the e-mail address that you provided to us during registration or (ii) by posting the notice on the applicable Web page.

General Terms

These Terms of Service are personal to you and you may not assign your rights or obligations to anyone. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Use, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York governing contracts wholly entered into and wholly performed within the State of New York.

SEALEDMEDIA

END USER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. BY PRESSING "ACCEPT" AND/OR INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT").

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

SealedMedia and its suppliers own all intellectual property in the Software. The Software is licensed, not sold and this agreement governs the use of this software, all associated documentation and any upgrades, modified versions, additions or updates to the software or documentation (collectively the "Software"). Upgrades or updates may be licensed to you by SealedMedia on new or additional terms and conditions.

Definitions

"SealedMedia" means SealedMedia Limited, a Limited company registered in England, Registered office: 2, Temple Back East, Temple Quay, BRISTOL BS1 6EG Registered No.: 3189596 Grant of Software License. Subject to the terms and conditions of this Agreement, SealedMedia grants you a non-exclusive, non-transferable, non-assignable license to use the Software as contemplated under this Agreement. Sealed Content You understand that all documents, music, sound, photographs, graphics, videos or other content which you access using the Software ("Sealed Content"), are the sole responsibility of the person that seals and provides such content. SealedMedia do not and cannot review or control such Sealed Content. SealedMedia hereby disclaims any and all responsibility and liability whatsoever for Sealed Content, including but not limited to the accuracy, integrity or quality of Sealed Content and any loss or damage of any kind incurred as a result of your use of the Sealed Content via the software. As between SealedMedia and you, you will bear all and any risk associated with any Sealed Content.

Intellectual Property Ownership You have no ownership rights in the Software. SealedMedia and its suppliers owns and retains all intellectual property rights and other proprietary rights in and to the Software including but not limited to all copyright, trademark, trade secret,. Sealed Media reserves all rights not expressly granted to you.

Limitations On Use of the Software No Copying. You may not reproduce, duplicate or copy or authorise any person to copy any portion of the Software.

No Transfer. You may not rent, lease, sell, resell, sublicense, assign or transfer your rights to use the Software granted herein or otherwise exploit the Software for any commercial purpose.

No Modification. You understand and agree that the Software contains copyrighted material, trade secrets and other proprietary information and you may not decompile, disassemble, reverse engineer, modify, translate, adapt or otherwise reduce the object code components of the Software to a human readable form except to the extent expressly permitted by applicable law. You may not remove from any part of the Software any proprietary notice of SealedMedia. You agree to comply with all applicable treaties, laws, rules and regulations. You understand that information provided by SealedMedia is not warranted to be accurate or complete, and will not constitute a warranty or representation by SealedMedia.

Term and Termination. This Agreement is effective until it is terminated. You may terminate this Agreement at any time. SealedMedia may terminate this Agreement at any time, for any reason and without notice. Upon the termination of this Agreement for any reason, you will immediately return to SealedMedia or destroy all copies of the Software in your possession. SealedMedia will not be liable to you or any third party for any termination of your access to the Software or any Sealed Content.

Disclaimer of Warranties THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEALEDMEDIA, OUR VENDODRS, LICENSORS AND DISTRIBUTORS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM OR USAGE, INCLUDING, WITHOUT LIMITATION, PERFORMANCE, SECURITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SEALEDMEDIA, OUR VENDORS, LICENSORS AND DISTRIBUTORS DO NOT WARRANT THAT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM OR ANY THIRD PARTY SOFTWARE. Limitations of Liability IN NO EVENT WILL SEALEDMEDIA, ITS LICENSORS, VENDORS AND DISTRIBUTORS BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, UNDER ANY THEORY WHATSOEVER, EVEN IF SEALEDMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.

Export. This agreement is expressly made subject to the laws, regulations, orders, or other restrictions on the export of software by the government of the United States of America General This Agreement shall be construed, interpreted and governed by the laws of (i) the State of California without regard to its conflicts of law provisions, if a license to the Software is obtained by you when you are in the United Sates, Canada or Mexico or (ii) England and Wales if a license to the Software is obtained in any other jurisdiction. The exclusive forum for any disputes arising out of or relating to this Agreement under (i) above shall be an appropriate federal or state court sitting in San Francisco County, State of California, USA or under (ii) above shall be the courts of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement This Agreement shall constitute the entire Agreement between the parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of SealedMedia. For further information please visit our web Site at www.sealedmedia.com.