Terms of Use
Terms of Service for Cengage Higher Education Platform
Last Updated September 2023
Download the Full Terms of Service for Cengage Higher Education Platform
These Terms of Service, including the Supplemental Terms at the end that apply only to certain specific products (collectively the “Terms”) govern all students acquisition and use of higher education platforms and products provided by Cengage Learning, Inc. and its affiliates (“Cengage”) at any time, whether acquired using an individual account or through your institution. The term “Services” refers to the higher education 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, specifically including: Cengage Unlimited, MindTap, WebAssign, CNOW, OWLv2 and SAM.
Cengage is willing to provide Services to you only on the condition that you first accept these Terms by scrolling through and clicking the acceptance button below. Please read these Terms carefully and, if you wish, print or save a copy for your records. If you do not accept these Terms, you may not use the Services. If you acquire additional Services in the future, your use of those Services shall also be subject to the then current version of these Terms.
Please note: some Services may be used only in conjunction with a course in which you are enrolled. This requirement may be specified in an online description of those Services, or in the Supplemental Terms.
For the previous versions of these Terms, please visit www.cengagegroup.com/legal/terms-of-use-archived.
Contents
Computer Hardware, Software and Internet Access Requirements
Cengage Ownership of the Services
Limited License and Restrictions on Use
Your Modifications to Shared and Open Content
General Practices and Limits on Use of the Services
Refunds for Purchases of Digital Services
Special Provisions Applicable to Developer Offerings
Privacy; Consent to Use of Data
App Questions, Customer Service
Cengage Unlimited & Cengage Unlimited eTextbooks
Free Trial, Subsequent Charges Nonrefundable
Minors
You are not allowed to use the Services if you are under the age of 13. If you are under 18, you must have parental permission to accept these Terms.
Changes to Services
At any time, Cengage may, with or without notice, add features to the Services, or change or remove features of the Services.
Computer Hardware, Software and Internet Access Requirements
You must provide, at your own expense, all equipment, software, and internet access needed to use the Services.
Your Account
To use a Service, you will need a Cengage account with an associated username and password (unless you log in through a “single sign-on” system using your learning management system username and password, in which case this section does not apply to you). Certain Services may 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 to anyone else.
You must keep your username and password confidential. You are responsible for all activities, charges, and liabilities associated with your account. You agree to notify Cengage immediately if you become aware of any unauthorized use of your account. If you are a minor, Cengage reserves the right to provide access to your account to your parent or guardian.
Cengage Ownership of the Services
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 user-created Content (which users own subject to the license granted to Cengage 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 trademarks, service marks, trade names, logos, and graphics included within the Services ("Marks") are trademarks of Cengage and its licensors.
Limited License and Restrictions on Use
The Services, including all software, apps and other materials provided to you in connection with any Service are licensed, not sold.
For the duration of your subscription only, Cengage grants you a limited, non-exclusive, non-transferable license to access and to use only the Service(s) to which you have subscribed for personal, educational purposes, subject to your compliance with these Terms. You may not use the Services for any other purpose, or after your subscription expires.
Neither the Services nor any portion thereof may be displayed, performed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose. You may not use any Marks without the prior written consent of Cengage. Any unauthorized use by you of the Services, Cengage’s Marks or other intellectual property automatically terminates the license granted by Cengage under these Terms and your right to use the Services.
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.
You may not, and you represent, warrant, and agree that you will not:
- Remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the Cengage Materials.
- 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.
- 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.;
- Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
- 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;
- 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;
- 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;
- 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;
- 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;
- Use any content, data, or text in any form in the Services to text or data mine, or to develop or train any application, software, code, or data models, such as ChatGPT or other similar tools.
- 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; 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;
- Frame or mirror any part of the Services;
- 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;
- 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
- Otherwise use the Services in violation of these Terms.
User-Created Content
Certain Services may allow you to upload or otherwise add information, text, graphics, photos, audio, video, and/or other materials and content (“Content”). Cengage reserves the right, but has no obligation, to pre-screen, review, flag, filter, modify, refuse, or remove Content from the Services. You represent and warrant that you own or have the right to provide and use all Content that you provide, and that your Content does not infringe any third-party rights, including any intellectual property, publicity, or privacy rights. You shall be fully and solely responsible for any civil or criminal violations attributable to the creation, use, dissemination of storage of your Content.
You hereby grant Cengage and users of the applicable Service 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 user Content or any third-party Content. You agree that Cengage will not be liable for any loss or damage resulting from your reliance on user Content or any third-party Content available through the Services.
Except as required by applicable law, Cengage shall not have any obligation to destroy, return or retain your Content. It is your sole responsibility to backup or otherwise maintain copies of your Content, and to export your Content prior to termination of your subscription. 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. Cengage is not liable for damage to, deletion of, or failure to store your Content.
Shared Content
Certain Services may contain Content posted by Cengage and other users, including you, in an area of the 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 non-commercial distribution is permitted (“Shared Content”). Subject to your compliance with these Terms and any use restrictions specified in an applicable Order, and during the term of your subscription only, you may: (1) modify and create derivative works of the Shared Content only in conjunction with use of the Services, and (2) copy, distribute, display, perform, and otherwise use those modifications, derivative works, and Shared Content only in conjunction with the Services.
Open Source Content
Open Now and WebAssign with Openstax contain Content made available through a Creative Commons license (such as Attribution 4.0 International) or similar “open source” style license (“Open License”), as clearly and expressly specified within those 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 Shared and Open Content
If you make any modifications to or derivative works of Shared Content, or Open Content, then all such modifications and derivative works shall be considered part of your Content and are subject to the warranty, license and other provisions in the Section entitled “User-Created Content” above, as well as all other applicable provisions of these Terms.
Fees
Some Services and associated Content require payment of a fee. Unless otherwise specified in an Order, all fees are payable in U.S. dollars and are nonrefundable and non- creditable.
Unless another form of payment is specified in the Order, Cengage will bill your credit card, a debit card, or other payment method such as PayPal for all applicable fees in advance of Service delivery. You are also responsible for paying all processing fees (such as PayPal fees) associated with your payment. You shall provide Cengage with accurate and complete billing information, including your name, address, telephone number, and valid payment information, and shall promptly notify Cengage of any changes in that information.
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.
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 of 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. 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.
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.
General Practices and Limits on 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 to you and the maximum number of times or 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.
Third-Party Services
The Services may include services, offers, and promotions, or other technology provided by third parties (“Third-Party Services”). Suppliers of Third-Party Services are intended third-party beneficiaries of these Terms and may enforce these Terms directly against you with respect to their respective Third-Party Services. Alternately, an Order (or activation process) for a Third-Party Service may include or be accompanied by a separate license, notice or other agreement (“Third-Party Agreement”) and may be subject to additional fees charged by the Third-Party Service supplier, in which case that Third-Party Service is provided solely under the terms of that separate Third-Party Agreement. You agree to be bound by such Third-Party Agreements, including without limitation the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms. If you do not agree to be bound by a Third-Party Agreement, do not use the Third-Party Service. 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. 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
Certain Services 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, including that use of the Services will improve or otherwise affect student grades or other measures of performance. Cengage is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any Services.
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 AND LICENSORS, 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.
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; (1) YOUR ACCESS OR USE OF THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS; (2) YOUR CONTENT; OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. THIS PARAGRAPH SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS.
Collaboration Tools
Certain Services include comment areas, message forums, chat areas, and other collaboration tools (“Collaboration Tools”). All Collaboration Tools are subject to the Restrictions on Use identified above. 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. Cengage is not responsible for such websites’ content or accessibility via the internet, does not endorse products, services, or information provided by such websites and 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. Linking to such websites does not imply any partnership, joint venture, or other legal connection that could cause Cengage to be responsible for the actions of their respective owners.
Copyright Infringements
Notices of copyright infringement must be delivered in accordance with the Cengage Notice and Procedure for Making Claims of Copyright Infringement. https://www.cengagegroup.com/permissions/
Privacy and Your Information
Please visit 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 www.cengagegroup.com/accessibility.
Termination and Blocking
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. Upon termination of your participation in the Services for any reason (including expiration of your subscription), 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.
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
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 allowed by applicable law.
Changes to These Terms
Cengage may change these Terms from time to time. When these changes are made, Cengage will post the new Terms on the cengage.com website and email notice to Cengage Higher Education active account holders. 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 identified below (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth below, 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 specifically identified 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 in 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 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.
Cengage shall not be liable for any failure or delay in the Services or the performance of its obligations due to causes beyond its reasonable control, including but not limited to, epidemic or pandemic, 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, applicable country or territory-specific terms and applicable Supplemental Terms (below) constitute the entire understanding between the you and Cengage pertaining to the Services, and any other prior or contemporaneous written or oral agreements between us 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.
Supplemental Terms
Cengage.com
Refunds for Purchases of Digital Services
In some limited circumstances for Services purchased directly from Cengage.com only, Cengage may offer a refund opportunity for a limited period of time (the “Refund Period”). During the Refund Period, if eligible, you may be able to cancel access to the Services and receive a full refund of the Fees paid. Refunds will be processed back to the payment method used to make the initial purchase. Refunds can take up to 30 days to process. Thereafter, it can take an additional 30 days for your credit card or bank to reflect the credit, and up to 150 days for Cengage to process other payment method(s).
When available and for eligible purchases, you may self-serve a refund from your account dashboard. For more information on the refund policy, please review the Cengage refund policy at https://cengage.force.com/s/article/Cengage-com-Refund-Policy. Refund policies are subject to change without notice.
MindTap
Special Provisions Applicable to Developer Offerings
Cengage collaborates with developers to offer them the use of the MindTap Service to develop services and/or content designed to enhance your experience with the Service (“Developer Offerings”). 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 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 may furnish the following information about you to the developer: (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 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 textbook 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 that information. The Developer Offering Terms 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 Service 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 to furnish maintenance or 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. 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.
Cengage Services
To use Apps that are associated with specific Cengage Services, you must first subscribe to those Cengage Services through your Cengage account.
Privacy; Consent to Use of Data
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 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 owners identified in the App.
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 the "Don't Allow" or 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 OF WIRELESS SERVICES, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, 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. 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 products" and “Commercial services” as those terms are 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 licensed to U.S. Government end users 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.
App Questions, Customer Service
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 5191 Natorp Blvd, Mason OH 45040.
WebAssign
WebAssign may be used only in conjunction with an educational course offering in which you are enrolled. In WebAssign, 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” access means that the student has access to course materials whenever that student is enrolled in a course within the same institution in which the same edition of such materials is being used).
Student usernames and passwords may be provided by the instructor (or, if the instructor chooses and if available, by self-enrollment functionality). You should change your password before starting to use WebAssign, to prevent unauthorized access to your assignments.
If your WebAssign account has been set up by your instructor or other administrator, your instructor or administrator may be able to access or disable your account. Cengage shall have no liability for any acts or omissions of your instructor or other administrator.
Cengage Unlimited & Cengage Unlimited eTextbooks
Cengage Unlimited provides you with subscription-based access to Cengage eBooks, courseware, study guides, and other resources on supported devices (collectively “CU Products”). The CU Products are for your personal use only. The CU Products are non-transferable. You may access the CU Products on no more than two devices or sessions at the same time.
Subscription Terms
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 your subscription has been purchased by your school, in which case the subscription may be timed to end at the end of your school’s semester or 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 course 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 will not be available after the subscription expires. If your Cengage Unlimited subscription expires prior to the completion of your course or semester, you will no longer have access to your CU Products without purchasing an extension to your subscription, or purchasing your course materials separately.
Cengage Unlimited eTextbooks subscriptions are available for 120-day subscription terms. The subscription lasts for 120 days from the date you register, unless Cengage specifies a longer length of time. There is no ‘access for duration of course’ available with Cengage Unlimited eTextbooks. If your subscription to Cengage Unlimited eTextbooks expires prior to the completion of the course, you will no longer have access to your eBooks unless you renew your subscription or purchase the eBook separately.
Upgrades
If you purchased a standalone Cengage courseware product or Cengage eBook and you wish to upgrade to a Cengage Unlimited subscription for the same semester or term, Cengage will credit you with the amount paid 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.
If you want to upgrade from Cengage Unlimited eTextbooks to Cengage Unlimited, or to a longer Cengage Unlimited subscription term, and receive credit for your prior payment, you must do so within the first 14 days of registering for your subscription.
You may make these changes on the My Subscriptions page accessible via your dashboard.
For purposes of payment, upgrades are treated like a return and repurchase, so you will see a refund for the price of the purchased service and charge for the full price of the new service on your statement. You may not exchange Cengage Unlimited to Cengage Unlimited eTextbooks or exchange a longer-term subscription for a shorter one.
Free Trial, Subsequent Charges Nonrefundable
Cengage may in its discretion offer free trials of the CU Products. You may only take advantage of one free trial every 90 days. You must provide a payment method (such as a credit card, debit card, or PayPal information) when signing up for the free trial. You will not be charged until the end of the free trial, when Cengage will automatically charge you via the payment method you provided upon sign up. If you do not wish to be charged the subscription fee, you must cancel your subscription prior to the end of the free trial. You may cancel your subscription from the My Subscriptions page accessible via your dashboard.
You will not be charged prior to the completion of the free trial, but your account may reflect an authorization hold. This is because your financial institution places a temporary authorization on your account to ensure funds will be available when the free trial ends. This pending charge is an initial hold that temporarily lowers your available balance. Your account is not actually billed until the expiration of the free trial, so if you cancel your subscription prior to the completion of the free trial, the hold will automatically expire in accordance to the timeframe set by your financial institution.
Not all offers, promotions, or services may be available during the free trial. All fees paid for CU Products are nonrefundable.
eBooks
As part of your Cengage Unlimited subscription, you will have online access to Cengage’s library of digital eBooks. eBooks are provided in multiple electronic formats. Certain formats may not be fully viewable on your device.
Courseware
As part of your subscription to Cengage Unlimited, you will have access to your Cengage courseware (such as MindTap, WebAssign, and OWLv2). Access to courseware is limited to those educational course offerings in which you have been enrolled through your institution, and for which you have received a valid course key from your instructor.
Unincluded Materials
Certain courses may require items (such as consumable workbooks, software, third party materials, or other materials) that are not amenable to digitizing into an eBook or courseware. Your instructor may require you to purchase such items, and they are not included as part of the Cengage Unlimited subscription. Cengage makes no guarantee that the materials you may need for the completion of your course are included in the CU Products.
Updates
Cengage courseware, eBooks, study guides, third-party products and other resources included in the CU Products 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).
CU Free Print Rentals
Cengage Unlimited subscribers may be eligible to take advantage of up to 4 free print rentals per subscription term, but not more than 4 per 12-month period. For example, if you purchase a one semester subscription to Cengage Unlimited you may opt for 4 print rentals during that subscription. If you renew for another one semester term, you will not be eligible for additional free print rentals. You may always purchase additional print rentals. Print rentals are subject to the
If you return a free print rental, you will not be refunded shipping and handling fees and you will not be credited for another free rental.
You will be responsible for the shipping and handling fees for each rental. The current shipping and handling fees are specified in your dashboard and at https://cengage.force.com/s/article/Cengage-com-What-are-Cengage-s-shipping-charges-and-methods.
Rental of print textbooks is not available in all countries.
For more information about Cengage’s Print Rental Service, please review the Print Textbook Rental Terms.
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”), for informational purposes only. Cengage does not act as a job placement agency or staffing firm and does not provide professional career counseling services. It is your responsibility to perform and manage your own job search. 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 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.
Terms of Service for Cengage Higher Education Platforms – Faculty Version
Terms of Use for Faculty
These Terms of Service, including the Supplemental Terms at the end that apply only to certain specific products (collectively the “Terms”) govern all faculty acquisition and use of higher education platforms and products provided by Cengage Learning, Inc. and its affiliates (“Cengage”) at any time, whether acquired using an individual account or through an institution.
For the previous versions of these Terms, please visit www.cengagegroup.com/legal/terms-of-use-archived.
Contents
Computer Hardware, Software and Internet Access Requirements
Cengage Ownership of the Services
Limited License, Permissions and Restrictions on Use
Your Modifications to Shared and Open Content
General Practices and Limits on Use of the Services
Special Provisions Applicable to Developer Offerings
Privacy; Consent to Use of Data
Scope and Applicability
Thank you for using Cengage higher education print products and Services and related apps and technologies. The term “Services” refers to the higher education services, websites, content, databases, software, technologies, and tools delivered by Cengage that link or otherwise refer to these Terms, or that are delivered through a website or service that links or refers to these Terms, specifically including: Cengage Unlimited, MindTap, WebAssign, CNOW, OWLv2 and SAM.
Cengage is willing to provide print products and Services to you only on the condition that you first accept these Terms by scrolling through the terms and clicking the acceptance button. Please read these Terms carefully and, if you wish, print or save a copy for your records. If you do not accept these Terms, you may not use the Services. If you acquire additional Services in the future, your use of those Services shall also be subject to the then current version of these Terms.
Your use of certain Services is subject to the Supplemental Terms identified at the end of these Terms. In the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to the applicable Service.
Changes to the Services
At any time, Cengage may, with or without notice, add features to the Services, or change or remove features of the Services.
Computer Hardware, Software and Internet Access Requirements
You must provide, at your institution’s or your own expense, all equipment, software, and internet access needed to use the Services.
Your Account
To use a Service, you will need a Cengage account with an associated username and password (unless you log in through a “single sign-on” system using your learning management system username and password, in which case this section does not apply to you). Certain Services may 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 to anyone else.
You must keep your username and password confidential. You are responsible for all activities, and liabilities associated with your account. You agree to notify Cengage immediately if you become aware of any unauthorized use of your account.
Cengage Ownership of the Services
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 user-created Content (which users own subject to the license granted to Cengage 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 trademarks, service marks, trade names, logos, and graphics included within the Services ("Marks") are trademarks of Cengage and its licensors.
Limited License, Permissions and Restrictions on Use
The Services, including all software, apps and other materials provided to you in connection with any Service are licensed, not gifted or sold.
For so long as you serve as faculty at a higher education provider only, Cengage grants you a limited, non-exclusive, non-transferable license to access and to use only the Service(s) to which you have subscribed for purposes of educational instruction, subject to your compliance with these Terms. You may not use the Services for any other purpose, or after your higher education employment ends.
Faculty outside Australia and New Zealand may incorporate Cengage Materials (including your modifications and derivative works of Modifiable Cengage Content (defined below)) through a password protected website or school-approved learning management system accessible solely by your students 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 Cengage Terms of Service 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 Cengage Content included in the Service has been adopted and is concurrently being used. Unless otherwise authorized, all copy and download functionality must be disabled. You may not sell, license, auction, or otherwise redistribute the Product in any form. We ask that you take reasonable steps to protect the Product from unauthorized use, reproduction, or distribution.
Please see below for restrictions applicable to Australia and New Zealand.
Neither the Services nor any portion thereof may be displayed, performed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose or other than as permitted above. The Services may not be reproduced or distributed, except that portions may be provided to your students in connection with your educational instruction in your classroom or posted electronically through a password-protected website or school-approved learning management system accessible solely by your students. Unless otherwise authorized, all copy and download functionality must be disabled.
You may not use any Marks without the prior written consent of Cengage. Any unauthorized use by you of the Services, Cengage’s Marks or other intellectual property automatically terminates the license granted by Cengage under these Terms and your right to use the Services.
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.
You may not, and you represent, warrant, and agree that you will not:
- Remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the Cengage Materials.
- 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.
- 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.;
- Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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; 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;
- Frame or mirror any part of the Services;
- 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;
- 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
- Otherwise use the Services in violation of these Terms.
Australia and New Zealand
In Australia and New Zealand, the extent of faculty permissible copying, reproduction or display of Cengage Content and Modifiable 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. For clarity, personal use by faculty 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.
User-Created Content
Certain Services may allow you to upload or otherwise add information, text, graphics, photos, audio, video, and/or other materials and content (“Content”). Cengage reserves the right, but has no obligation, to pre-screen, review, flag, filter, modify, refuse, or remove Content from the Services. You represent and warrant that you own or have the right to provide and use all Content that you provide, and that your Content does not infringe any third-party rights, including any intellectual property, publicity, or privacy rights. You shall be fully and solely responsible for any civil or criminal violations attributable to the creation, use, dissemination of storage of your Content.
You hereby grant Cengage and users of the applicable Service 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 user Content or any third-party Content. You agree that Cengage will not be liable for any loss or damage resulting from your reliance on user Content or any third-party Content available through the Services.
Except as required by applicable law, Cengage shall not have any obligation to destroy, return or retain your Content. It is your sole responsibility to backup or otherwise maintain copies of your Content, and to export your Content prior to termination of your subscription. 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. Cengage is not liable for damage to, deletion of, or failure to store your Content.
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”).
Outside of Australia and New Zealand, 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. The extent of faculty permissible copying, reproduction or display of Modifiable Cengage Content in Australia and New Zealand is addressed above.
Shared Content
Certain Services may contain Content posted by Cengage and other users, including you, in an area of the 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 non-commercial distribution is permitted (“Shared Content”). Subject to your compliance with these Terms and any use restrictions specified in an applicable Order, and during the term of your subscription only, you may: (1) modify and create derivative works of the Shared Content only in conjunction with use of the Services, and (2) copy, distribute, display, perform, and otherwise use those modifications, derivative works, and Shared Content only in conjunction with the Services.
Open Source Content
Open Now and WebAssign with Openstax contain Content made available through a Creative Commons license (such as Attribution 4.0 International) or similar “open source” style license (“Open License”), as clearly and expressly specified within those 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 Shared and Open Content
If you make any modifications to or derivative works of Shared Content, or Open Content, then all such modifications and derivative works shall be considered part of your Content and are subject to the warranty, license and other provisions in the Section entitled “User-Created Content” above, as well as all other applicable provisions of these Terms.
General Practices and Limits on 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 to you and the maximum number of times or 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 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.
Third-Party Services
The Services may include services, offers, and promotions, or other technology provided by third parties (“Third-Party Services”). Suppliers of Third-Party Services are intended third-party beneficiaries of these Terms and may enforce these Terms directly against you with respect to their respective Third-Party Services. Alternately, an Order (or activation process) for a Third-Party Service may include or be accompanied by a separate license, notice or other agreement (“Third-Party Agreement”) and may be subject to additional fees charged by the Third-Party Service supplier, in which case that Third-Party Service is provided solely under the terms of that separate Third-Party Agreement. You agree to be bound by such Third-Party Agreements, including without limitation the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms. If you do not agree to be bound by a Third-Party Agreement, do not use the Third-Party Service. 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. 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
Certain Services 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, including that use of the Services will improve or otherwise affect student grades or other measures of performance.
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 AND LICENSORS, 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.
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; (1) YOUR ACCESS OR USE OF THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS; (2) YOUR CONTENT; OR (3) YOUR VIOLATION OF ANY OF THESE TERMS. THIS PARAGRAPH SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS.
Collaboration Tools
Certain Services include comment areas, message forums, chat areas, and other collaboration tools (“Collaboration Tools”). All Collaboration Tools are subject to the Restrictions on Use identified above. 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. Cengage is not responsible for such websites’ content or accessibility via the internet, does not endorse products, services, or information provided by such websites and 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. Linking to such websites does not imply any partnership, joint venture, or other legal connection that could cause Cengage to be responsible for the actions of their respective owners.
Copyright Infringement
Notices of copyright infringement must be delivered in accordance with the Cengage Notice and Procedure for Making Claims of Copyright Infringement. https://www.cengagegroup.com/permissions/
Privacy and Your Information
Please visit 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 www.cengagegroup.com/accessibility.
Termination and Blocking
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 or if you cease to be associated with your educational institution. Upon termination of your participation in the Services for any reason (including expiration of your subscription), 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.
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
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 allowed by applicable law.
Changes to These Terms
Cengage may change these Terms from time to time. When these changes are made, Cengage will post the new Terms on the Cengage.com website and email notice to Cengage Higher Education active account holders. 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 identified below (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth below, 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 specifically identified 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 in 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 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.
Cengage shall not be liable for any failure or delay in the Services or the performance of its obligations due to causes beyond its reasonable control, including but not limited to, epidemic or pandemic, 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, applicable country or territory-specific terms and applicable Supplemental Terms (below) constitute the entire understanding between the you and Cengage pertaining to the Services, and any other prior or contemporaneous written or oral agreements between us 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.
Supplemental Terms
MindTap
Special Provisions Applicable to Developer Offerings
Cengage collaborates with developers to offer them the use of the MindTap Service to develop services and/or content designed to enhance your experience with the Service (“Developer Offerings”). 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 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 may furnish the following information about you to the developer: (1) your role (for example, faculty 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 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 (a faculty-created identifier used by students to register for that particular Course); and (7) your Course’s Snapshot ID (an ID generated by the Service that identifies the specific Course for which the applicable textbook 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 that information. The Developer Offering Terms 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 Service 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 to furnish maintenance or 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. 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.
Cengage Services
To use Apps that are associated with specific Cengage Services, you must first subscribe to those Cengage Services through your Cengage account.
Privacy; Consent to Use of Data
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 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 owners identified in the App.
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, faculty 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 the "Don't Allow" or 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 OF WIRELESS SERVICES, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, 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. 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 products" and “Commercial services” as those terms are 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 licensed to U.S. Government end users 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.
App Questions, Customer Service
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 5191 Natorp Blvd, Mason OH 45040.
WebAssign
WebAssign may be used only in conjunction with an educational course offering you are teaching. In WebAssign, 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” access means that the student has access to course materials whenever that student is enrolled in a course within the same institution in which the same edition of such materials is being used).
Student usernames and passwords may be provided by the instructor (or, if the instructor chooses and if available, by self-enrollment functionality). Faculty set up of student WebAssign accounts permit instructors to access and/or disable student accounts. You shall be solely liable and responsible for any harm resulting from any such actions taken by you and you shall indemnify Cengage against any claims resulting from such actions.
Textbook and Other Physical Products Purchase Terms
Textbook and Other Physical Products Purchase Terms
The following terms apply to purchases from Cengage, on Cengage.com or through a Cengage service or Cengage order form (“Order”) of printed books, printed materials, electronic content and/or software contained on a CD, DVD, or other physical media (“Physical Products”).
Product Purchase Terms
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).
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 certain other Physical Products are governed by the terms of the end user license agreement that accompanies or is included with or in the installation sequence.
Shipping Terms
Cengage will ship Physical Products in accordance with Cengage's shipping terms displayed during the Order checkout process.
Returns and Exchanges
Purchased Physical Products may be exchanged or returned in accordance with the Cengage.com Refund and Exchange Policy specified here: https://cengage.force.com/s/article/Cengage-com-Refund-Policy.
Warranty and Disclaimer
Cengage warrants that Physical Products you purchase from us will be provided according to your Order and in good condition. Except for that warranty, Physical Products are sold on an "as is" basis, and Cengage makes no other representations or warranties of any kind, express or implied, as to the Physical Products. The Physical Products 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 in terms of their correctness, accuracy or 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.
Printed Textbook Rental Terms, Including Through Cengage Unlimited or eTextbook Subscription
Print Textbook Rentals
The following terms apply to rentals from Cengage of printed textbooks, on Cengage.com or through a Cengage service or Cengage order form. Rentals may not be available in all countries and not all Cengage products are available for rental. Specifically, ancillary materials such as consumable workbooks, study guides, as well as loose-leaf versions and some custom versions may not be available for rent.
Ownership
All rented materials are and shall remain the property of Cengage Learning.
Included Materials
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). 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.
Shipping and Delivery
Cengage will ship rented textbooks in accordance with the shipping terms displayed during the Order checkout process. Information concerning Cengage’s shipping charges and methods can be found here: https://cengage.force.com/s/article/Cengage-com-What-are-Cengage-s-shipping-charges-and-methods.
Credit Card Storage and Additional Charges
To facilitate your rental, Cengage or its third-party processor may store your credit card or other payment method information. Cengage may charge you additional amounts for lost, stolen, unreturned, or damaged textbooks. 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.
Returns and Exchanges
Defective or otherwise unwanted rented textbooks and any accompanying supplemental materials may be exchanged or returned in accordance with the Cengage.com Refund and Exchange Policy specified here: https://cengage.force.com/s/article/Cengage-com-Refund-Policy.
Rental Duration and Purchase of Rented Materials
The duration of your rental is specified in your Order. For additional fees, you may extend the duration of your rental or purchase your rented materials in accordance with Cengage Policy on Rental Extensions, Buyouts and Past Due Returns located here: https://cengage.force.com/s/article/Cengage-com-What-is-your-policy-on-rental-extensions-buyouts-and-past-due-returns.
Returns at the End of the Rental Period
At the end of the rental period, you must return your textbook and any supplemental materials so that they are received on or prior to the Due Date. 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" page). 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. 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).
You must 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. Cengage will not be responsible for items that are inadvertently returned with your textbook.
The rental return 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 rental return service being unavailable.
Late Fees
If you do not return your rented textbook on or before your rental period's Due Date for any reason (including if the textbook is lost or stolen), Cengage may charge a late fee. If you do not return the book within 15 days of the Due Date, Cengage will charge your account the difference between the textbook's then current list price and the total sum of rental fees (including rental extension fees and late fees) already paid by you for that textbook 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. 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.
Damage
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:
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Handwriting is not allowed.
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Limited highlighting in your rented textbook is allowed but highlighting that is excessive or hinders the readability of the textbook is not allowed.
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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 then current list price and the total sum of rental fees (including rental extension fees and late fees) already paid by you. "List price" means the list price of the textbook advertised on the Service at the time the damage fee is assessed.
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Returned textbooks must be packed appropriately (for example, bubble wrapped) to keep them from being damaged during shipping. If your rented textbook is damaged, you will be liable for such damage, and the textbook will remain the property of Cengage Learning.
Warranty Disclaimer
Cengage warrants that rented material will be provided according to your Order and in good condition. Except for that warranty, textbooks and supplemental material are provided by Cengage on an "as is" basis, and Cengage makes no representations or warranties of any kind, express or implied,. 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 textbook .
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.
eTextbook Rental Terms
eTextbook Rentals
All rented etextbooks are and shall remain the property of Cengage Learning. The duration of your access to rented etextbooks is the one selected by you at purchase. Access will be disabled at the end of the rental period. You may cancel your rental and receive a refund in accordance with the Cengage.com Refund Policy https://cengage.force.com/s/article/Cengage-com-Refund-Policy. You may extend your rental on the My Rentals page, which can be accessed from your account dashboard. 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. A Cengage Unlimited eTextbooks subscription rental may also be extended for an additional fee. An extension shall not consume a free rental as part of the subscription.
Warranty Disclaimer
Rented etextbooks are provided by Cengage on an "as is" basis, and Cengage makes no representations or warranties of any kind, express or implied. Rented etextbooks 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 rented etextbooks.
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.