Introduction
Please read these Website Terms of Use ("Terms of Use") carefully, as they
constitute a binding agreement between you and Nelson Education Ltd.
(referred to herein as "us," "we," "our," or "Nelson Education"). In
particular, these Terms of Use govern your use of each of our consumer web
sites (such as https://nelson.com/ ,
https://www.nelsonschoolcentral.com
, https://www.mynelson.com and https://www.nelsonbrain.com) as
well as our community sites (such as
https://www.weinspirefutures.com
and https://www.visions.nelson.com)
(each shall be referred to as a "Site" and collectively, "Sites"), as well
as your acquisition or use of various products and services related to such
Site (each product and/or service offered through a Site is referred to as
a "Product/Service" and, collectively, the "Products/ Services"). By using
the Site (which includes visiting, accessing and browsing the Site) or a
Product/Service, you acknowledge and signify that you have read, understood
and agreed to be bound by these Terms of Use and the terms of the Nelson
Education Privacy Policy (the " Privacy Policy"). If you
do not agree with these Terms of Use and the terms of the Privacy Policy,
you may not use our Site or Product/Service.
When using certain features of the Site or a Product/Service, you shall be
subject to any posted guidelines or rules applicable to such features that
may contain terms and conditions in addition to these Terms of Use.
The purchase or certain products and/or services may be subject to purchase
terms "Purchase Terms" specific to that site or that product or service.
All such Purchase Terms are in addition to these Terms of Use and are
incorporated herein by reference.
All of such guidelines or rules are hereby incorporated by reference into
and made a part of these Terms of Use.
Who Can Use The Sites and/or Product/Service?
Age of Majority and Authorized Parties
The Site may be used only by (i) persons who have reached the age of
majority or legal age in their jurisdiction and who can form legally
binding contracts under applicable law; or (ii) those under the age of
majority whose parent or legal guardian have agreed to these Terms and
Conditions on the minor's behalf. The Site may not be used by persons in
jurisdictions where access to or use of the Site or any part of the Site
may be illegal or prohibited. It is solely your responsibility to determine
whether your use of the Site is lawful, and you must comply with all
applicable laws.
If you are entering into these Terms of Use on your own behalf, you hereby
represent and warrant that you have reached the age of majority in your
jurisdiction and you otherwise have the legal capacity to agree to these
Terms of Use. If you have not reached the age of majority in your
jurisdiction, your parent or legal guardian represents and warrants that he
or she agrees to these Terms of Use on your behalf.
As used in these Terms of Use, "you" and "your" refer to the user of the
Site and/or those named in any online registration or submission forms
completed by or on behalf of you. References to our "Affiliates" include
our owners, subsidiaries, affiliated companies, officers, directors,
licensors, service providers, suppliers, partners, sponsors, and
advertisers, and the term includes (without limitation) all parties
involved in creating, producing, and/or delivering the Site and/or a
Product/Service.
THESE TERMS OF USE ARE A FORM OF AGREEMENT.
BY: (I) USING THE SITE, (II) CHECKING THE "I AGREE TO THE TERMS OF USE" BOX
(OR LOGICAL EQUIVALENT) CONTAINED IN AN ONLINE SUBMISSION OR REGISTRATION
FORM OR OTHERWISE DISPLAYED AS PART OF THE SUBMISSION OR REGISTRATION Â
PROCESS, OR (III) USING THE PRODUCT/SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR
TERMS AND CONDITIONS, INCLUDING ALL POLICIES AND GUIDELINES INCORPORATED BY
REFERENCE IN THESE TERMS OF USE, AS IF YOU HAD SIGNED THESE TERMS OF USE.
IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER
LEGAL ENTITY, INCLUDING BUT NOT LIMITED TO YOUR EMPLOYER, YOU HEREBY
REPRESENT AND WARRANT TO US THAT YOU ARE DULY AUTHORIZED TO BIND SUCH
ENTITY TO THESE TERMS OF USE.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THESE TERMS OF USE, YOU MUST NOT USE THIS SITE AND YOU MUST
NOT CHECK THE "I AGREE TO THE TERMS OF USE" BOX.
You expressly consent to these Terms of Use being formed electronically
without the need for a signature by either you or us. You agree that a
printed version of these Terms of Use and of any notice given by us in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use to the same extent
and subject to the same conditions as other business documents and records
generated and maintained in printed form by us.
Permitted Use of the Site
Subject to these Terms of Use, Nelson Education hereby grants you the right
to access the Site for your personal, non-commercial use. The Site may not
be used for any purpose not expressly permitted by these Terms of Use. In
particular, except as expressly stated otherwise in these Terms of Use, the
Site may not be copied, imitated, reproduced, republished, uploaded,
posted, transmitted, modified, indexed, catalogued, or distributed in any
way, in whole or in part, without the express prior written consent of
Nelson Education. In some instances Nelson Education expressly states that
you may 'share' a Site or part thereof for certain limited purposes. In
those express instances, and for the sole and exclusive purposes set forth
therein, you are permitted to do so. You may not use any of the software
that is used in the operation of the Site except in the course of using the
Site. You may not reproduce, copy, duplicate, sell, or resell any part of
the Site or its content (including the software used in the operation of
the Site) or access to the Site.
Privacy Policy
Before providing any information about yourself or any individual, please
read our Privacy Policy that can be accessed here.
Nelson Education works with third party education partners and service
providers who collect, use and disclose Personal Information for purposes
described in the Privacy Policy. As also noted in our Privacy Policy, some
of these third party education partners and service providers may be
located outside of Canada, including in the United States. Nelson Education
takes reasonable contractual or other measures with these third parties to
protect Personal Information while it is being processed or handled by
them. If an individual's Personal Information is located outside of Canada
it will be subject to legal requirements in those foreign countries
applicable to Nelson Education's service providers, including for example,
lawful requirements to disclose Personal Information to government
authorities in those countries.
Ownership
The Site and all information (in text, graphical, video and audio forms),
images, icons, software, design, applications and other elements available
on or through the Site are the property of Nelson Education, its Affiliates
and others, and are protected by Canadian and international copyright,
trade-mark, and other laws. Your use of the Site does not transfer to you
or any other person any ownership or other rights in the Site or its
content. You may only use the Site in the manner described specifically in
these Terms of Use.
Trade-Mark Information
NELSON, NELSON EDUCATION and various logos, designs and slogans are
trade-marks and trade names owned by Nelson Education. Other product and
company names and logos appearing on the Site may be registered or
unregistered trade names, trade-marks, service marks and logos
(collectively the "Marks") of their respective owners. Any use of the Marks
displayed on the Site, except as expressly provided in these Terms of Use,
is strictly prohibited. Nothing appearing on the Site or elsewhere shall be
construed as granting, by implication, estoppel, or otherwise, any licence
or right to use any Marks displayed on the Site.
Other Sites
The Site may include links to other websites or resources and businesses
operated by other persons ("Other Sites"). Other Sites are independent from
Nelson Education, and Nelson Education has no responsibility or liability
for or control over Other Sites, their businesses, goods, services, or
content. Links to Other Sites are provided solely for your convenience.
Your use of Other Sites or your dealings with the owners or operators of
Other Sites is at your own risk, and you shall not make any claim against
Nelson Education arising out of your use of any Other Sites or your
dealings with the owners or operators of any Other Sites. As between you
and Nelson Education, the provisions of these Terms of Use under the
sections headed Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity apply, with all necessary modifications, to your
access to and use of any Other Sites and their business, goods, services,
and content.
Linking and Framing the Site
Links to the Site without the express written permission of Nelson
Education are strictly prohibited. To request permission to link to the
Site, please contact Customer Product/Service at 416-752-9448 or
1-800-268-2222. Nelson Education reserves the right to cancel and revoke
any permission it may give to link to the Site at any time, for any reason,
without any notice, and without any liability to you or any other person.
The framing of the Site or any of its content in any form and by any method
is strictly prohibited.
Note to
Minors
Although parts of the Site and the Products/Services provide information
and activities for or relating to students, the Site and the
Products/Services may be used only by (i) persons who have reached the age
of majority or legal age in their jurisdiction and who can form legally
binding contracts under applicable law; or (ii) those under the age of
majority whose parent or guardian have agreed to these Terms and Conditions
on the minor's behalf. Before providing any information about yourself or
any individual, please read our Privacy Policy that can be accessed here and is incorporated
herein by reference.
Nelson Education encourages parents and teachers to spend time with
children and to monitor their online activities. Please protect your
child's privacy by instructing them to never provide Personal Information
on the Site or through the Product/Service without your prior consent.
Changes to these Terms of Use and/or the Product/Service
You may not change, supplement, or amend these Terms of Use in any manner.
However, we reserve the right to change these Terms of Use from time to
time, for any reason, with reasonable notice and without liability to you
or to any other person. You acknowledge and agree that it is your
responsibility to review the Site and these Terms of Use periodically and
to be aware of any such changes. Your continued use of the Site or the
Product/Service after any changes have been made to the Terms of Use will
constitute your acknowledgment of the modified Terms of Use and agreement
to abide and be bound by the modified Terms of Use. We will make reasonable
efforts to notify you of any changes made to these Terms of Use by posting
a notice of the changes (which may include posting new Terms of Use) on the
Site.
Material changes to the Terms of Use will be binding thirty (30) days after
such changes have been introduced and for which notification of such
material changes has been made.
We reserve the sole right to either modify or discontinue the
Product/Service, including any features therein, at any time. For those
Products/Services you have already purchased we will provide notice (in the
manner specified above for changes to these Terms of Use) of substantial
changes to the Product/Service, and outline any such changes made. We shall
not be liable to you or any third party should we exercise our right to
modify or discontinue the Product/Service. Any new features that augment or
enhance the then-current version of the Product/Service and/or the
Product/Service shall also be subject to these Terms of Use.
Your Use of the Site and the Product/Services and Providing
Material to Nelson
You are solely responsible for providing, at your own expense, all
equipment necessary to use the Site or the Product/Service, including a
computer, modem and your own internet access (including payment of Internet
Product/Service Provider fees associated with such access).
One of the purposes of this policy is to avoid potential misunderstandings
or disputes, particularly around any ideas, videos, photos, comments,
suggestions or other materials (collectively "Submissions") submitted to
Nelson Education, relating to its products or services. With that in mind,
if you do send Submissions to Nelson Education, you automatically grant (or
warrant that the owner of the Submissions grants) to Nelson Education and
its affiliates and each of their assigns, a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide, assignable,
sublicensable, right and licence to use, copy, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
display and otherwise exploit the Submissions or any ideas, concepts,
know-how or techniques associated with the Submissions for any purpose
whatsoever, commercial or otherwise, using any form, media or technology
now known or later developed, without providing compensation to you or any
other person, without any liability whatsoever, and free from any
obligation of confidence or other duties on the part of Nelson Education or
its assigns, and you agree, represent and warrant that all moral rights in
the Submissions are waived in favour of Nelson Education and its assigns.
No Advice or Solicitation
The content of the Site does not constitute advice or recommendations. You
should seek third party professional advice and recommendations before
acting or omitting to act based upon any information provided on or through
the Site.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND
INDEMNITY
Nelson Education strives to make your use of the Site and the
Product/Service a useful experience. Nevertheless, Nelson Education and its
Affiliates do not accept any liability for your use of the Site or the
Product/Service. For that reason, the following provisions apply to your
use of the Site and Product/Service:
DISCLAIMER
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR
USEFULNESS, ALL OF WHICH EACH OF NELSON EDUCATION AND ITS AFFILIATES HEREBY
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH OR BECAUSE OF YOUR USE OF THE SITE OR THE SERVICE, YOU MAY HAVE THE
OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR
PERSONAL NATURE WITH PERSONS OTHER THAN NELSON EDUCATION. ALL SUCH
COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. NELSON EDUCATION IS
NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY
AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO
THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND
TRANSACTIONS, NELSON EDUCATION MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH
EACH OF NELSON EDUCATION AND ITS AFFILIATES HEREBY DISCLAIMS TO THE FULLEST
EXTENT PERMITTED BY LAW.
YOU (AND NOT NELSON EDUCATION OR ITS AFFILIATES) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER
EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE
OR THE SERVICE.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND NELSON
EDUCATION'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR
UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS
CANNOT BE ELIMINATED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NELSON EDUCATION AND ITS
AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
-
THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT
AND SOFTWARE;
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THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR
WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
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THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
-
PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE
USE OF THE SITE;
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THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
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THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND NELSON EDUCATION AND ITS AFFILIATES DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
NELSON EDUCATION AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION,
LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS,
ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR
PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE
SITE OR THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY NELSON EDUCATION OR ANY OF ITS
AFFILIATES OR ANY PERSON FOR WHOM NELSON EDUCATION OR ANY OF ITS AFFILIATES
ARE RESPONSIBLE, AND NOTWITHSTANDING THAT NELSON EDUCATION OR ITS
AFFILIATES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES
BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
IN NO EVENT WILL NELSON EDUCATION'S OR ANY OF ITS AFFILIATES' TOTAL
LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY NELSON EDUCATION OR ANY PERSON
FOR WHOM NELSON EDUCATION IS RESPONSIBLE, EXCEED $100.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF NELSON EDUCATION
AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND
LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY
AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS
OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR
UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF NELSON EDUCATION
AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND
LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS
(COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL
LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE
LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION
WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR
USE OF THE SITE OR THE SERVICE, THE USE OF THE SITE OR THE SERVICE BY
SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST
AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES
IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY
NELSON EDUCATION AND ITS AFFILIATES FROM ALL SUITS, DAMAGES, COSTS AND
LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE
USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE OR THE
SERVICE.
ADVICE AND INFORMATION PROVIDED BY NELSON EDUCATION OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR
CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain
liabilities is prohibited by legislation in some jurisdictions. Such
legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in these Terms of Use survive indefinitely after the
termination of this agreement.
Content Posted
Nelson Education does not and cannot review, screen, edit or monitor all
content created by users accessing the Site or posted to the interactive
areas of the Site, and is not in any manner responsible for such content.
However, Nelson Education retains the right to monitor all content posted
to the Site and shall have the right, in our sole discretion, to refuse,
remove, screen or edit without notice any content that violates these Terms
of Use or is otherwise objectionable.
Nelson Education may preserve content and may also disclose content if
required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms of Use; (c) respond to claims that any content
violates the rights of third parties; or (d) protect the rights, property,
or personal safety of Nelson Education, its users and the public. Your
personal information will be managed by Nelson Education in accordance with
the Privacy Policy.
Anytime you upload to, or distribute or publish content through, the Site
(including, without limitation, blog entries and commentaries), you grant
us the royalty-free, perpetual, transferable, irrevocable and fully
sublicensable right to edit, use, reproduce, modify, adapt, translate,
copy, remove, distribute, create derivative works from, publicly display
and publish such content in any form and medium, whether electronically or
in hard copy and whether alone or as part of a collective work. You shall
retain, however, whatever other rights you have in pre-owned elements of
such content. You acknowledge and agree that submissions are
non-confidential.
Anytime you upload to, or distribute or publish original compositions and
other original documents through, the Site, such as but not restricted to
essays, homework, and similar documents, you are responsible for protecting
your rights in such documents.
Cancellation or Termination
You agree that we may, in our sole discretion, terminate or suspend your
access to all or part of the Site or the Product/Service with or without
notice and for any reason, including, without limitation, for lack of use
or if we believe that you have breached or acted inconsistently with the
letter or spirit of these Terms of Use. You may cancel or terminate your
submission or use of the Product/Service at any time. We may also terminate
your licence to all licensed content acquired from us in the event of any
breach by you of these Terms of Use.
Upon termination or suspension, regardless of the reasons therefore, your
right to use the Site and the Product/Service immediately ceases, and you
acknowledge and agree that we may immediately deactivate your account, as
applicable, and delete all related information and/or bar any further
access to the Product/Service or the Site or any content that has been
licensed to you. We shall not be liable to you or any third party for any
claims or damages arising out of any termination or suspension or any other
actions taken by us in connection therewith. Any terms of these Terms of
Use that by their nature extend beyond the termination of these Terms of
Use, including the Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity provisions, as well as your liability for any unpaid
charges, shall survive any termination and remain in effect until
fulfilled.
Electronic Communications
Over the course of your use of the Product/Service or Site, you may receive
commercial electronic messages from Nelson Education related to the
Product/Service or as a result of your relationship with us. By agreeing to
these Terms of Use (and by using the Site and/or Product/Service), you are
consenting to Nelson Education communicating with you via electronic means.
Please refer to the Privacy Policy for further particulars regarding our
sending of such commercial electronic messages.
Nelson Education may also communicate with you to provide you with system
updates and legal notices, such as notices regarding the Privacy Policy and
these Terms of Use. These notices govern your use of the Product/Service
and Site, and you are responsible for reviewing them.
If and when we communicate with Individuals using electronic means, such
Individuals can opt out of receiving such messages by following the
unsubscribe link included at the bottom of such communications or by
contacting the Chief Privacy Officer - Jessica Phinn , Vice President,
People and Engagement, Nelson Education Ltd., 1120 Birchmount Road,
Toronto, ON, M1K 5G4. Any questions or concerns with respect to
communications from Nelson Education Ltd. may be addressed to such Chief
Privacy Officer.
Rules of Conduct
As a condition of your use of the Site and Product/Service, you warrant to
Nelson Education that you will not use the Site or Product/Service for any
purpose that is unlawful or prohibited by these Terms of Use. You agree not
to use the Site or the Product/Service in any manner that could damage,
disable overburden, or impair the Site or Product/Service. You may not
obtain or attempt to obtain any materials or information through unlawful
means.
The Site is made available to you for your lawful use only. You may access,
browse, post, publish, link to/from or upload to the Site using
commercially available, SSL-capable Web browser software.
Except in relation to the Edwin Product, you may print or download the
pages of the Site for your personal use provided that you do not modify any
of the Site pages or other content and you do not remove or alter any
visible or non-visible identification, marks, notices, or disclaimers. You
are NOT permitted to print any content or screenshots within or relating to
the Edwin Product. Printing such content and/or screenshots within or
relating to the Edwin Product is strictly prohibited and will constitute
copyright infringement. To obtain permission to print content or
screenshots within or relating to the Edwin Product, you must contact
Nelson Education Ltd and submit an online permission request to
cengage.com/permissions.
You are expressly prohibited from participating in, conducting, and
promoting illegal activities, sending viruses, spamming, interfering with
the Site or Product/Service or creating any other undue burden on the Site
or through the Product/Service. You understand that, if you have an account
with Nelson Education, your ability to access and use the Product/Service
is dependent on your compliance with these Terms of Use. Breach of these
Terms of Use and any the provisions herein may result in restriction or
termination of your ability to access and/or use the Site or
Product/Service.
You are responsible for all of your activity on the Site and in connection
with the Product/Service.
The Site may contain discussion forums, bulletin boards, surveys, polls,
review services or other forums in which you or third parties may post
content, messages, materials, or other items on the Site. By way of
example, and not as a limitation, you shall not, and shall not permit any
person on your behalf to, take any action or upload, download, post, submit
or otherwise distribute or facilitate the distribution of any content, on
or through the Site and/or Product/Service that:
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infringes any patent, trade-mark, trade secret, copyright, right of
publicity or other right of any other person or entity;
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you know to be false, misleading, untruthful or inaccurate;
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contains or depicts nudity or sexual activity;
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constitutes unauthorized or unsolicited advertising, spam, junk or bulk
messaging;
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contains software viruses or any other computer codes, files, worms,
logic bombs or programs that are designed or intended to disrupt,
disable, damage, limit or interfere with the proper function of any
software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any system, data, password or other
information of Nelson Education or any third party;
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impersonates any person or entity, including any employee, agent or
representative of Nelson Education;
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is designed or intended to obtain password, account or private
information from any Site member;
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violates any laws or contractual obligations; or
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includes anyone's personal information or sensitive financial
information without consent;
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restricts or inhibits any other user from using the Site or the
Product/Service;
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is unlawful, harmful, threatening, abusive, inflammatory, harassing,
tortious, defamatory, fraudulent, vulgar, obscene, libelous, invasive
of another's privacy or publicity rights, hateful, or racially,
ethnically or otherwise determined by Nelson Education, in its sole
discretion, to be objectionable;
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contains comments or content that constitute personal attacks against
private individuals and groups;
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uses offensive and inappropriate language and tone on the Site,
including abbreviated or masked swearing;
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interferes with or disrupts the Site or the Product/Service or servers
or networks connected to the Site, or disobeys any requirements,
procedures, policies or regulations of networks connected to the Site.
Nelson Education does not tolerate pornography of any kind, including child
pornography, and will terminate the membership of, and may report to the
appropriate authorities, any person who publishes or distributes child
pornography or other pornography on or through the Product/Service.
Registration
Parts of the Product/Service may require you to register in order to take
full advantage of the Product/Service offerings. If you register for the
Product/Service, we will open up a registered user account on your behalf
and you will be required to provide certain information and data
("Registration Data"), including billing information, as prompted by the
applicable registration forms on the Site.
By registering for the Product/Service, you represent that your
Registration Data is true and accurate, and you agree to maintain and
update your Registration Data as required in order to keep it current,
complete and accurate. Failure to do so shall constitute a breach of these
Terms of Use, which may result in immediate termination of your account.
Should you ever decide to close your account, you may do so by contacting
customer service at Nelson Education Nelson.inquire@nelson.com. If you
terminate your account, your Registration Data will be removed from the
Site in accordance with the Privacy Policy.
You shall not:
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provide any false personal information to Nelson Education (including a
false name) or create an account for anyone other than yourself without
such person's permission;
-
use a username that is the name of another person with the intent of
impersonating that person;
-
use a username or account that is subject to any rights of a person
other than you without appropriate authorization; or
-
use a username that is a name that is otherwise offensive, vulgar or
obscene or otherwise unlawful.
Nelson Education reserves the right to refuse registration or to cancel a
username or account in its sole discretion. You are solely responsible and
liable for activity that occurs on your account and you shall be
responsible for maintaining the confidentiality of your password. You shall
never use another member's account without such other member's prior
express permission. You agree that you shall immediately notify Nelson
Education in writing of any unauthorized use of your account, or other
account-related security breach of which you are aware.
Password
and Usernames
If you have registered for a Product/Service, you will be required to
choose a password for use with your username and account. Please note that
if you access different Sites owned by Nelson Education, you may have a
different account for each Site, each with a different password and
username.
You are solely responsible for maintaining the confidentiality of your
usernames, passwords and account and for any and all charges incurred,
statements made and acts or omissions that occur through the use of your
usernames, passwords and accounts, including from the use of your account
by others. Therefore, you must take steps to ensure that others do not gain
access to your usernames, passwords and accounts. Also, passwords must be
non-obvious, hard-to-guess, confidential and changed on regular basis, and
you must log-out at the end of each session.
All login names and passwords remain the property of Nelson Education and
may be cancelled or suspended at any time by Nelson Education without any
notice or liability to you or any other person. Nelson Education is not
under any obligation to verify the actual identity or authority of the user
of any login name or password.
You must respond promptly to all email and other correspondence from Nelson
Education, including without limitation email and correspondence concerning
complaints or concerns regarding your use of your login name or password or
your use of the Site.
The security and privacy provided by passwords is not complete, and can be
circumvented. Your use of passwords is at your own risk. Our personnel will
never ask you for your password except if our customer support requires
your password in an effort to fix account problems.
You may not transfer or share your account with anyone, and we reserve the
right to immediately terminate your account in the event of any
unauthorized transfer or sharing thereof. You may not use the Site or
Product/Service in any way that is unlawful or is in violation of these
Terms of Use.
The information we obtain through your use of the Site and the
Product/Service, including your Registration Data, is subject to the Privacy Policy, which is
specifically incorporated by reference herein. You consent to our
collection, use and disclosure of your personal information, as set out in
our Privacy Policy. To the extent any inconsistency exists between the
terms of our Privacy Policy and the terms of these Terms of Use, these
Terms of Use will govern.
Software
Over the course of your use of the Product/Service or Site, you may be
asked or required to install a computer program on your computer system or
on another person's computer system. You agree to not install or cause to
be installed a computer program on your computer system or on a third
party's computer system without understanding, and ensuring that such third
party understands, as applicable, the function and purpose of the computer
program. By installing or causing to be installed any such computer
program, you represent to Nelson Education that you, or such third party,
as applicable, consent to such installation.
Any installed computer program will be subject to the terms of the licence
agreement that accompanies such computer program or is included in the
installation sequence.
Ordering Licensed Content and Materials
In some circumstances, you may have the option to make a purchase order (an
"Order") from Nelson Education or related parties for a licence to various
content ("Licensed Content") or for one or more books and/or supplemental
materials (collectively, "Materials").
In the event you purchase a licence to Licensed Content or any Materials,
the terms and conditions that apply to such Licensed Content or Materials
may come in the following places:
1.License Agreement that comes with the Licenced Content or Materials
2. Purchase Order that relates to the Licenced Content or Materials
3. The terms and conditions set forth below under the heading "Licensed
Content and Digital Rights Management".
4. The terms and conditions set elsewhere in these Terms of Use.
The order of priority for application in the event there is a conflict
between terms and conditions are as set out above. To the extent a
provision in any of the above noted documents conflicts with another term
or condition set out elsewhere in the above noted documents, the highest
ranking document applicable to such conflict shall prevail and supersede
the terms and conditions set forth elsewhere but only to the extent
necessary to resolve the conflict.
Licensed Content and Digital Rights Management
Subject to your compliance with and conditional upon these Terms of Use,
Nelson Education hereby grants you, for the licence term specified on your
Order or otherwise disclosed as part of the ordering process (the "Licence
Term"), unless otherwise terminated as provided herein, a limited,
non-sub-licensable, non-transferable licence to use for your own personal,
non-commercial use (subject to the restrictions noted below) the Licensed
Content purchased by you through the Product/Service. You shall not, except
as expressly provided for herein: (i) remove any proprietary notices and/or
language from the Licensed Content; (ii) sell, distribute, download, or
publicly display the Licensed Content to anyone, including but not limited
to others in your organization, without our express prior written consent,
which may be withheld for any reason; or (iii) make any modifications to
the Licensed Content. The Licensed Content may 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 and agree that such technology is not a defect in the
Licensed Content. Such technology is designed to restrict your access to
and usage of the Licensed Content.
The licence and access to Licensed Content purchased by you is limited in
duration to the Licence Term. Licensed Content is accessible online for the
period set forth in the ordering document that you will see at the time of
ordering the product or Product/Service in question, but your use must be
re-authenticated (by entering in your account credentials) on a regular
basis in order to access such Licensed Content locally/offline. The
Licensed Content may contain embedded time clocks or similar security
devices that disable your ability to access and use the Licensed Content
after the expiration of the Licence Term, even if the Licensed Content is
stored locally/offline.
Licensed Content purchased through the Product/Service may be accessed by
you from as many as two computers at any time. If you try to access any
Licensed Content from a third computer, you will be denied access unless
you "de-authorize" one of your two previously authorized computers.
The Licensed Content cannot be forwarded to and/or shared with others.
Standard "right-click" mouse functions may be disabled, so that the
Licensed Content you are viewing online cannot be copied, pasted or saved
as another file.
If the Licensed Content has a corresponding print version, such Licensed
Content is functionally equivalent to its corresponding print version.
However, in some cases, individual items have been removed for ease of
internet delivery.
You must not circumvent, reverse-engineer, decompile, disassemble or
otherwise tamper with any of the security technology contained in or
accompanying the Licensed Content. Such security technology is provided in
part by our suppliers and vendors. From time to time, the software you use
to download Licensed Content may directly connect to an internet site
operated by us or one of our suppliers in order to upgrade the security
technology contained in or accompanying the Licensed Content. By
registering for, using, and/or downloading Licensed Content from the Site,
you acknowledge and consent to the use of such security technology and the
automatic upgrading of such security technology.
Portions of the Licensed Content may include items provided by our
Affiliates, and you grant to such Affiliates the right to protect their
interests under these Terms of Use and agree that such Affiliates are
benefited by the provisions of these Terms of Use. To the extent permitted
by applicable consumer protection legislation, all Licensed Content
purchases and subscriptions are non-refundable, non-returnable and may not
be exchanged. For Licensed Content subscriptions, you agree that you will
continue to accrue charges for which you remain responsible, even if you do
not use the Licensed Content, until your subscription is terminated.
In the event you purchase a licence to Licensed Content, the terms and
conditions contained in the " Licensed Content and Digital Rights Management" section
apply. To the extent that any provision in this Section is in conflict with
any other term or condition of these Terms of Use, this Section shall
supersede such other term(s) and condition(s), but only to the extent
necessary to resolve the conflict.
Misprints and Errors, Prices and Purchases
Nelson Education endeavours to provide current and accurate information on
the Site and/or through the Product/Service. Nevertheless, misprints or
other errors may occur. Accordingly, Nelson Education reserves the right to
change the prices, fees and charges regarding the Product/Service and/or
products available through the Site at any time and from time to time
without any notice or liability to you or any other person. Also, Nelson
Education cannot guarantee that the Product/Service or products advertised
on the Site will be available when purchased or at any relevant time.
Accordingly, Nelson Education reserves the right at any time to reject,
correct, cancel or terminate any order or shipping request. If you order
services or products for which the fee was incorrectly displayed, Nelson
Education will provide you with an opportunity to cancel your request for
Product/Services. If you order services or products that are not available,
Nelson Education will notify you and the purchase price you actually paid
will be refunded to you. Nelson Education reserves the right to refuse to
accept any request for services or products, notwithstanding any course of
dealing between Nelson Education and you in the past.
Your online request for services or products delivered over the Site
constitutes your request to engage Nelson Education to supply those
services or products. Your request for Products/Services shall be deemed to
be accepted only if and when Nelson Education actually carries out your
instructions.
Payment and Billing
You agree to pay applicable charges (including applicable taxes) for
purchases that you make from us. Certain persons may enjoy a tax exempt
status. In those circumstances, please ensure you communicate with Nelson
to ensure your tax exempt status is properly recognized in the Nelson
Education system.
Some Sites will have separate "Purchase Terms" that will apply to purchases
made from that Site. Any such Purchase Terms will supersede the terms
contained in these Terms of Use only to the extent there is a conflict and
the rest of the terms set forth herein shall remain unaltered.
All prices displayed on our Sites are subject to change from time to time
and without notice.
The purchase price for a product may depend on what type of customer
account you have. For example, if you do not have an educational
institution account and you select a product that offers different pricing
for educational institutions, the price for that product may be corrected
once your account type is validated and prior to completing the
transaction. In similar fashion, prices may be corrected on account
validation for educational institutions who may have selected a product in
a non-educational institutional area of the product catalogue.
We may limit the number of promotions for which you may be eligible in a
given period. In addition, certain promotional offers and discounts may
apply to first-time purchasers only. We will disclose your payment terms at
the time you make purchases from the Site. Discounts offered on
store.nelson.com are only valid and applicable to online purchases on
store.nelson.com and are not to valid with any other Nelson web sites.
You must select a payment method to pay us for any purchases you make from
us. Every time you use the Product/Service, you reaffirm that (i) we or our
authorized billing agent is authorized to charge your designated payment
method; (ii) we may submit for payment charges incurred under your account;
and (iii) you will be responsible for such charges, even if your account is
cancelled or terminated. Recurring charges are billed in advance of
service. You agree to provide us with accurate and complete billing
information, including valid credit card or other payment method
information, your name, address and telephone number, and to provide us
with any changes in such information promptly after the change. You
acknowledge that the agreement between you and your credit card issuer or
financial institution governs your use of your credit card for payment of
amounts owed to us, and that you must refer to such agreement to determine
your rights and obligations as a holder of such card.
YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING
AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US
WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.
You are responsible for all charges incurred under your account made by you
or anyone who uses your account (including your children, family or
friends). We may, in our discretion, post charges to your payment method
individually or may aggregate your charges with other purchases you make on
the Site and apply those charges to your next billing cycle.
If, for any reason, we do not receive payment from your credit card or
other payment method issuer, upon demand you agree to pay the overdue
amount by other means acceptable to us. We reserve the right to accept
other forms of payment, and if we elect to invoice you for services, you
agree to pay to us the amount indicated in each invoice by the due date
reflected on the invoice.
If you believe that a billing discrepancy has occurred, you must notify us
within 60 days after the date on which such discrepancy first appeared on
your credit card or other payment method account statement or invoice, as
the case may be, or such amounts will be deemed to have been accepted by
you. You agree to release us from any liability for any error or
discrepancy that is reported to us after such period.
Your failure to pay according to the terms of these Terms of Use shall
entitle us, without prejudice to our other rights and remedies, to (i)
charge interest on a daily basis from the original due date at the rate of
the lesser of 18% per annum or the maximum amount permissible by law and/or
(ii) suspend or terminate your subscription (if applicable) and/or access
to the Product/Service. You shall reimburse us for all reasonable costs
incurred by us in collecting past due amounts, including wire transfer
fees, collection agency fees, reasonable legal fees and court costs. We may
charge a fee for reinstatement of suspended or terminated accounts.
Shipping
Different shipping options will be presented when you go to place an order
and prior to checkout. The prices for each of the different shipping
options and the associated shipment dates for such options will be
presented to you prior to checkout.
Shipping dates and delivery dates are estimates based on a variety of
factors and the information we have at the time of purchase. This
information may change for reasons outside of our reasonable control,
resulting in changes to shipping dates and/or delivery dates. We will
notify you of material changes to shipment dates and delivery dates as soon
as reasonably possible.
Cancellation of Orders
Except as otherwise set forth in Purchase Terms or provided by applicable
consumer protection laws, once your order has been placed you may NOT
cancel your order. Certain Purchase Terms may allow cancellation of an
order up to the date a product is shipped. In that case, that will be
clearly set forth in the applicable Purchase Terms.
if you wish to cancel a request for services or products, you may request a
cancellation by sending an email to nelson.inquire@nelson.com or by calling
Nelson Customer Product/Service at 1-800-268-2222. However, Nelson
Education may not receive and process your cancellation request before it
accepts and processes your request for services, in which case your
cancellation request may not be effective.
Notices and Communication
If you wish to contact Nelson Education or provide us with notice in
writing as required by these Terms of Use, please contact us via reputable
overnight courier (for example, Federal Express), or registered or
certified first class mail, return receipt requested. Notices to us must be
sent to Nelson Education Ltd., 1120 Birchmount Road, Toronto, Ontario,
Canada, M1K 5G4 Attention: Jessica Phinn, Vice President, People &
Engagement, Privacy.
Any notice or communication made under these Terms of Use will be deemed
delivered (1) two business days after deposit with a commercial overnight
carrier, with written verification of receipt or (2) five business days
after the mailing date, if sent by registered or certified first class
mail, return receipt requested.
Any rights not expressly granted by these Terms of Use are reserved to
Nelson Education.
Assignment and Severability
These Terms of Use are personal to you and you may not assign your rights
or obligations to anyone; any attempted assignment in violation of the
foregoing shall be void. The provisions of these Terms of Use will ensure
to the benefit of and be binding upon each of Nelson Education and its
Affiliates and each of their respective successors and assigns and related
persons and you and your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. If any provision of these
Terms of Use is found to be invalid or unenforceable under applicable law,
the remaining provisions will continue in full force and effect.
Governing Law
These Terms of Use, your use of the Site and the Product/Service, and all
related matters are governed solely by the laws of the Ontario, Canada and
the federal laws of Canada applicable therein, to the exclusion of any
rules of private international law or the conflict of laws which would lead
to the application of any other laws.
Any dispute between Nelson Education and you or any other person arising
from, or connected or relating to the Site, these Terms of Use or any
related matters must be resolved before the Courts of Ontario sitting in
the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and
attorn to the original and exclusive jurisdiction of those Courts in
respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or
relating to your use of the Site, these Terms of Use, or any related
matters must be commenced in a court of competent jurisdiction in the City
of Toronto, Ontario, Canada within six (6) months after the claim or cause
of action arises, after which time the claim or cause of action is forever
barred, regardless of any statute or law to the contrary.
Waiver of Rights
No waiver, express or implied, by either party of any breach of or default
under these Terms of Use will constitute a continuing waiver of such breach
or default or be deemed to be a waiver of any preceding or subsequent
breach or default.
No Partnership
You and Nelson Education are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship is
intended or created by these Terms of Use or your use of the Site.
Disclaimer of UN Committee
We expressly exclude the UN Convention on Contracts for the International
Sale of Goods as amended, replaced or re-enacted from time to time, as well
as any provincial legislation in Canada enacting such convention.
French Language
The parties have expressly requested and required that these Terms of Use
and all other related documents be drawn up in the English language. Les
parties conviennent et exigent expressement que ce contrat et tous les
documents qui s'y rapportent soient rédigés en anglais.
Please be advised that the revised Terms/Policy go into effect October 12, 2017
Last updated September 12, 2017