Terms of Use

Last updated: May 2018 

These terms and conditions (the “Terms of Use”) apply to all international web sites (the “Sites”) owned and operated by McGraw-Hill Global Education Holdings, LLC or one of our affiliated companies (“MHE" or "us" or "we"). By signing up or otherwise using any of our Sites or Services (as defined below), or accessing any content or material that we make available through the Services or Sites, you are entering into a binding contract with MHE that consists of these Terms of Use and the Privacy Notice which is hereby incorporated by reference (collectively, this “Agreement”). We reserve the right, at our discretion, to change any of these terms in the future. 

If you do not agree to this Agreement, you may not access or otherwise use the Sites or the Services. 

You may use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law or, if you are under the age of majority, your educational institution, parent or guardian agrees to these Terms of Use on your behalf. 

1. PROPRIETARY SERVICES FOR REGISTERED USERS. 

MHE operates electronic platforms/systems including mobile applications that enable students, instructors, and administrators of educational institutions to access and use certain online products and services offered by MHE (the “Services”) through our Sites. The material on our Sites include general non-proprietary information available to all users of our Sites, but in order to access and use the Services you will be required to register on our Sites or through your educational institution. If you register to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions in connection with the registration process (the "Terms of Service"). 

2. USER INFORMATION. 

During the course of your use of the Services, you may be asked to provide certain personal information to us in order to provide you with the Services. Our information collection and use policies with respect to the privacy of such personal information are set forth in our Privacy Notice. You acknowledge and agree that between you and MHE, you are solely responsible for the accuracy and content of your personal information, and you agree to keep it up to date. 

In accordance with applicable law, we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be minors without the consent of theireducational institution or the child’s parent or guardian. If an educational institution with students that are minors uses our Services, the educational institution may also provide us with personally identifiable information about its students. We use student information to provide the Services to the educational institution and its students, consistent with our Privacy Notice. 

3. INTELLECTUAL PROPERTY. 

Solely to the extent necessary for your own internal use of the Services for educational purposes during the term of your applicable license for Services, subject to the payment of any fees in any applicable subscription agreement and in accordance with the terms of such agreement or any other agreement governing your use of the Services and these Terms of Use, MHE grants you a limited, non-exclusive and non-transferable license to access and use the Services over the Internet via the Site provided for the Services. MHE is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on our Sites and is the owner or licensee of the content and/or information on our Sites. Except as otherwise expressly provided herein, or pursuant to the Terms of Service, your use of our Sites does not grant to you a license to any content or materials you may access on our Sites. Nothing contained on our Sites should be construed as granting any license or right to use any Trademark displayed on our Sites without our written permission or that of the third-party rights holder. 

4. ACCESS TO MHE CONTENT. 

We may provide you with access to content and information related to the Services (the "MHE Content"). All use of the MHE Content is subject to the terms herein as well as any additional terms agreed to by the parties in connection with such MHE Content and/or posted on the Site for such MHE Content, including, without limitation, any prohibitions on distribution of the MHE Content to students or third parties. You may not share or distribute to a third party any screen name or password for accessing the Services or the MHE Content. You may access and use materials from the Services and/or the MHE Content for your own research or study only. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the Services and/or the MHE Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon. You may not use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services or the MHE Content. You may not engage in systematic retrieval of content from the Services or the MHE Content to create or compile, directly or indirectly, a collection, compilation, database or directory. You may not disseminate any portion of the Services or the MHE Content through electronic means, including mail lists or electronic bulletin boards. Except for the limited access license granted you, all rights in the MHE Content are reserved by MHE, and you acquire no right, title or interest in any such content. 

5. COMMUNICATIONS TO MHE. 

Although we encourage you to e-mail us, you should not e-mail us anything that contains confidential information or personally identifiable information. Please refer to the Privacy Notice with regard to how we handle your personal information. By e-mailing us or otherwise providing content to us or posting content to the Sites or the Services including but not limited to feedback, questions, comments, suggestions, and the like (“User Content”), you agree to be bound by our User Content Submission Agreement and we shall be free to use any non-personally identifiable ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. You own the rights to anything you post to the Sites or the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all non-personally identifiable submissions you provide to us, in any media now known or hereafter devised. 

If the Site or Services permit you to upload third-party content for use with the Service (“Service Uploads”), you represent and warrant that prior to performing any such upload you will secure all necessary rights to grant and will grant MHE the right to make your Service Uploads available to end users with active licenses to use the Services in the same manner and to the same extent as the MHE Content provided in the applicable Service, and that such Service Uploads will not infringe any intellectual, proprietary or other rights of third parties. Additional terms and options for Service Uploads may be presented through the applicable upload interface available on the Site offering the Service which shall be in addition to, and not in lieu of, these Terms of Use. 

6. COMMUNITY GUIDELINES. 

In using the Sites or Services, you agree you will not: (a) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (b) post advertisements or solicitations of business; (c) impersonate another person; (d) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MHE all of the license rights granted herein; or (e) submit material that is unsuitable for minors in any country. MHE does not and cannot review all User Content or Service Uploads, and is not in any manner responsible for such content. MHE reserves the right, but not the obligation, to refuse to post, block or remove communications or materials for any reason in its sole discretion and to terminate your access to our Sites and/or the Services to prevent further posting or distribution of any such communications or materials, and MHE may, but is not obligated to, report any of your communications or materials to your educational institution. 

7. NO WARRANTIES. 

WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES, MHE CONTENT OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES, THE MHE CONTENT, AND THE SERVICES AT YOUR OWN RISK. OUR SITES, MHE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MHE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. MHE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES, MHE CONTENT AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

8. EXTERNAL WEBSITES. 

Our Sites may contain links to third-party applications or websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. When you access an External Website, MHE has no control over its content, applications, or services. We do not make any representations regarding the accuracy or quality of such content or the accessibility of such External Websites and the materials contained therein, and we disclaim all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites. 

9. INDEMNIFICATION. 

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse of the MHE Content, our Sites, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 

10. LIABILITY. 

IN NO EVENT WILL MHE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MHE CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF MHE OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MHE CONTENT, THE SITES, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent the foregoing exclusion of liability is not permitted under applicable law, MHE’s liability in such case will be limited to the greatest extent permitted by law. 

11. INFRINGEMENT NOTIFICATION. 

We respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Legal Department, McGraw-Hill Education, 2 Penn Plaza, New York 10121 USA. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

12. COMPLIANCE WITH APPLICABLE LAWS. 

We control and operate our Sites from our offices in the United States of America. Unless pursuant to a separate agreement with you, we do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. 

13. TERMINATION OF THE AGREEMENT. 

We reserve the right in our sole discretion, to restrict, suspend, or terminate the use or access to the Services and our Sites and/or discontinue any portion, feature, or content of the Services, MHE Content, our Sites, or this Agreement at any time and for any reason without prior notice or liability. If you violate these Terms of Use MHE may, but is not obligated to, report any such violation of these Terms of Use to your educational institution. When reasonably feasible, we will make reasonable efforts to provide notice of significant changes to the Services to end users with active licenses to use the Services. 

14. MISCELLANEOUS. 

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the “Termination of the Agreement” provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to MHE,” “No Warranties,” “Indemnification,” “Liability,” “Compliance With Applicable Laws,” “Termination of the Agreement,” and “Miscellaneous.” Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.