Special Provisions Applicable to Developer Offerings
Cengage collaborates with developers to offer them the use of the Service to develop services and/or content designed to enhance your experience with the Service (“Developer Offering”). 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 be deemed to 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.
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.
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 whatsoever to furnish any maintenance and 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.
You acknowledge that 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.
You agree to comply with any applicable third-party terms, when using the App.
The App may allow you to use certain aspects of the Services and/or third-party services and websites (the “Cengage Services”). To use Apps that are associated with specific Cengage Services, you must obtain an appropriate account to use those Cengage Services.
Privacy; Consent to Use of Data
You agree that 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, as long as it is 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.
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 holders indicated therein.
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 "Don't Allow" or other 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 DisclaimerACCESS 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 THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, 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. CENGAGE WILL TREAT YOUR DATA IN ACCORDANCE WITH THE CENGAGE PRIVACY NOTICE. 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 Items", as that term is 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 being licensed to U.S. Government end users (a) only as Commercial Items and (b) 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.Questions
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 200 Pier Four Blvd, Boston, MA 02210.
You may use the fonts embedded in the Service to display and print Cengage Content provided in the Service. You may temporarily download the fonts to a printer or other output device to print content, and you may embed fonts in Content only as permitted by the embedding restrictions in the fonts.
“Admin Users" mean your employees (i.e. faculty, instructors, and/or administrators) accessing the PathBrite Service in connection with the provision of your educational services and operations to Student Users.
“Student Users" means individual students who are enrolled in your educational program(s) and who are provisioned with accounts to use the PathBrite Service in connection with these Terms.
"Users" means, collectively, Admin Users and Student Users.
Use of the PathBrite Service
Admin Users may have access to additional features of the PathBrite Service designed to facilitate administering the PathBrite Service for Student Users. Each Admin User will be required to have an account and password, and you will be solely responsible for all activity on the PathBrite Service occurring under an Admin User's account, including with respect to User Content.
You represent, warrant and covenant to Cengage that you shall, and that it is your sole responsibility to, obtain any and all necessary consents to authorize you to release applicable Student Users' educational records (as such term is defined in the Family Educational Rights and Privacy Act ("FERPA") to Cengage for the purpose of providing the PathBrite Service to Users hereunder (any such covered educational records provided to Cengage hereunder, the "Educational Records").Support and Service Levels
Cengage will provide the support services described in this Section. Cengage's support obligation hereunder is solely to two designated support contacts identified by you, not to Users directly, and you shall be solely responsible for providing support to your Users. Basic technical support contacts and hours are as follows:Technical SupportSupport Contacts
Phone (415-766-4505)Support Hours
Eastern 9am–8pm, Monday–Friday excluding U.S. federal holidays ("Business Hours").
If the PathBrite Service fails to operate substantially in accordance with the Documentation (a "Problem
"), your designated Support Contact must, as soon as reasonably practicable, contact Cengage via email to the address designated by Cengage and provide a detailed description of the nature of the Problem, and all other technical data available (including any applicable error codes or messages) to enable Cengage to analyze and fix the Problem. Cengage will use commercially reasonable efforts during Business Hours to provide workarounds and solutions for properly reported Problems.
When needed, Cengage may disable some or all access to the PathBrite Service to conduct system maintenance and updates, generally between the hours of 12:00 A.M. and 5:00A.M. Pacific Time, except in the event of an urgent security or similar need (e.g. application of security patches and the like) ("Maintenance
"). Cengage will use commercially reasonable efforts to provide you with advance notice of such Maintenance.
The PathBrite Service will be accessible by Admin Users and Student Users 99.5% of the time, 7 days per week, and 24 hours per day ("Uptime Commitment"
), as calculated over a calendar month (unexcused deviation from the Uptime Commitment, “Downtime
"). Uptime Commitment shall not apply to any service interruption which results from or is caused by: 1) Maintenance; 2) failure of IT or network infrastructure not controlled by Cengage; 3) any User or other third party not under Cengage’s control.
If Cengage fails to meet its Uptime Commitment in any given month, as your sole and exclusive remedy, and Cengage's sole and entire liability, Cengage shall provide you with a credit for use solely towards professional services or subscription fees payable for a subsequent renewal term ("Service Credits
"), in an amount equal to a percentage of the applicable subscription fee attributable to the month during which Cengage failed to meet the Uptime Commitment, as follows:#of Hours Monthly Downtime / Service Credits
< 4 hours / 5%
> 4 hours to 24 hours / 8%
> 24 Hours / 10%
For example, if the subscription fee is $100,000/yr., the Service Credit for 3 hours of monthly Downtime is 5% of ($100,000 I 12), or $416.66.
To receive a Service Credit, you must make a request for a Service Credit to your designated Cengage representative or the Cengage support team. To be eligible, the request must (i) include the dates and times of each incident of Downtime in the preceding month; and (ii) be received by Cengage within 30 days after the end of the billing cycle in which the Downtime occurred.
Upon receipt of a Service Credit request in compliance with the above requirements, Cengage shall have 30 days to review the request and to validate the information provided. If Cengage determines in good faith that the PathBrite Service failed to meet the Uptime Commitment as alleged in such a request, then Cengage will apply the Service Credit to your account for your use as described above. Unused Service Credits do not survive any termination or expiration, and will not be refunded or paid out following any termination or expiration.
WebAssign, a Cengage Service made available at www.webassign.com
, includes online homework delivery, grading, and assessment functionality, and is available to instructors through paid subscription, for specified classes and time durations. The main purpose of the WebAssign Service is to provide instructors with a secure, accessible platform in which to assign and grade homework and assessments, in order to assess student performance and comprehension. The WebAssign Service can also be used for quizzes, tests, labs, and self-study depending on the instructor’s application of the WebAssign Service. In the WebAssign Service, 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” means that the student has access to course materials whenever that student is enrolled in a course within the same institution where the same edition of such materials is being used).
The WebAssign Service may be used only in conjunction with an educational course offering in which you are enrolled or which you are teaching or administering, as applicable.WebAssign IDs
Student usernames and passwords may be provided to WebAssign for use with the WebAssign Service by the instructor (or, if the instructor chooses and if available, by self-enrollment functionality). WebAssign determines any applicable institution code. You should change your password before starting to use the WebAssign Service, to prevent unauthorized access to your assignments. To facilitate communication between WebAssign and users of the WebAssign Service, and for retrieval of login information, we use email addresses.
If your WebAssign Services account has been set up by your instructor or other administrator, your instructor or administrator may be able to access or disable your account. WebAssign shall have no liability for any acts or omissions of your instructor or other administrator.Shared Content
You may be able to specify that Shared Content is generally available for use by all other WebAssign Service users, or only to the WebAssign Service users that you specifically allow to use the Shared Content.
Questia, a Cengage Service, offers lifetime subscriptions, which will remain active for the life of the person who purchased the subscription, or in the case of a gift purchase, for the life of the person for whom the subscription was purchased. Terms of lifetime subscriptions are subject to additional conditions as outlined in this Section.
If your Questia lifetime subscription account has no activity for a period of 5 years we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional year, at which point we will delete your data. Activity is defined as a login to the Questia service.
You can cancel your lifetime subscription upon notice to Questia; however, cancellation of a Questia lifetime subscription will not result in a refund
Subscriptions Purchased for You by Others
If your subscription was purchased by someone else, you will not be billed by us. If you wish to cancel your subscription, please contact Customer Service
. Cancellation will not result in a refund.
Plagiarism and Commercial Use Prohibited
You agree not to misuse our research Service to plagiarize or represent the work of others as your own. You may not make any commercial use of this Service, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or academic research.
Quality and Accuracy of Digitized Titles
We are committed to ensuring that electronic versions of titles in our Service mirror their original print versions to the fullest extent possible. Although we are vigilant about ensuring the highest level of integrity of digitized titles, we do not guarantee the quality or accuracy of any information provided in the Service.
Cengage Unlimited is available only to users who are enrolled in institutions located in the United States.
Cengage Unlimited is for your personal use only. You may access Cengage Unlimited on no more than two devices or sessions at the same time.
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 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 courseware 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 (other than the digital locker described below) will not be available after the Cengage Unlimited subscription expires. If you enroll in a one semester courseware, during the term of your Cengage Unlimited subscription, and the Cengage Unlimited subscription expires prior to the completion of the course, you will no longer have access to your courseware, without purchasing an extension to your Cengage Unlimited subscription, or purchasing the courseware separately.
If you want to upgrade to a longer Cengage Unlimited term and receive credit for your prior payment, you must do so within the first 14 days of starting your paid Cengage Unlimited subscription.
As part of Cengage Unlimited, you have online access to Cengage’s library of digital eBooks. eBooks are provided in multiple different electronic formats. Certain formats may not be fully viewable on your device.
Your access to Cengage courseware (such as MindTap, WebAssign, and OWLv2) is limited to educational course offerings in which you are enrolled and for which you have received a valid course key from your instructor.
Certain courses may require items (such as workbooks and third-party software and materials) that are not amenable to digitizing into an eBook or Cengage courseware. Your instructor may require you to purchase such items, and they are not included as part of the Cengage Unlimited subscription.
Cengage courseware, eBooks, study guides, third-party products and other resources included in Cengage Unlimited 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.
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).
Users who have activated a Cengage Unlimited subscription prior to 1 February 2020 may be eligible for a Digital Locker benefit. This benefit allows you to keep up to 6 eBooks as part of your Cengage Unlimited subscription and continue to access them for 1 year after the end of your paid Cengage Unlimited subscription. This is referred to as your digital locker. After this one-year post-termination access period is over, you will no longer have access to the stored eBooks in your digital locker (unless you obtain a new Cengage Unlimited subscription under the same account prior to the end of this one-year period). Users who activate a Cengage Unlimited subscription after January 2020 will not be eligible for the Digital Locker benefit.
Free Trial; Nonrefundable
Cengage may in its discretion offer free trials of Cengage Unlimited in certain circumstances. After the end of any free trial, you must pay for the full Cengage Unlimited subscription or your rights to use Cengage Unlimited will be terminated.
All fee paid for Cengage Unlimited are nonrefundable.
If your instructor has assigned use of Cengage courseware that is included as part of Cengage Unlimited, then you may obtain one free print textbook rental associated with such course, for use during the duration of the course, if availble. You need only pay the current shipping fee (the current shipping fee is specified on the Cengage Unlimited site).
Rental of print textbooks is not available to all countries.
In Cengage’s discretion, text book rentals may be processed by a third-party service provider. You agree to any terms associated with the textbook rental provided by Cengage’s third-party service provider.
Credits for Prior Purchases
If you acquired a standalone Cengage courseware product prior to obtaining a Cengage Unlimited subscription and for the same academic semester, Cengage will credit you with the amount paid for such product 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.
Cengage Unlimited subscriptions are personal to you and your current school. You may not transfer your subscription to any other person, and you may not use your Cengage Unlimited subscription if you move to another school.
Ed2Go, a Cengage Service made available at www.ed2go.com
, is an online continuing education provider. Some Ed2Go courses offer a certification for completion of the course. You shall receive that certification directly from your instructor, after receiving a passing grade.Career Online High School
is a division of SHCOE (Smart Horizons Career Online Education), which has been granted District Accreditation from the AdvancED/Southern Association of Colleges and Schools (SACS) Accreditation Commission. AdvancED/SACS District accreditation signifies that the Online High School and all affiliated partner schools are able to offer an AdvancED/SACS accredited high school diploma. The program requires you to complete a pre-certification high school elective course prior to enrollment in the fulltime Career Online High School program to earn your diploma. Once enrolled you will have eighteen (18) months to complete the coursework for your United States’ high school diploma.