Harcourt School Publishers: Terms of Use

We are glad you have decided to use the electronic products we offer on our Site and we hope you find them useful. For both your protection and ours, we have established the following Terms of Use document that we expect all teachers, students, parents, administrators, and other visitors, registered or otherwise, to follow while in (or at) our Site. Because we reserve the right to modify these Terms of Use at any time, please check them regularly. Your continued use of our Site means that you acknowledge these Terms, as they may be modified from time to time, and agree to abide by them at all times. Please note that you will be referred to as "User" from time to time in this Agreement.

LICENSE TO USE OUR SITE

This Site is the property of Harcourt School Publishers and its licensors and is protected by United States and International Copyright laws. All copyright, trademark and other proprietary rights in this Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Harcourt School Publishers at this Site (the "Company Information") are reserved to Harcourt School Publishers and its licensors.

Harcourt School Publishers grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the electronic products made available on the Site on a computer designed for use by a single individual, and of which you or a member of your class is the primary User in accordance with the terms of your subscription to the electronic products on this Site. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the electronic products received hereunder. Any attempt to sublicense, transfer, sell, or assign this license is void. In addition, you acknowledge that you may not project the electronic products to which you have subscribed onto a projection device intended for classroom use such as a WhiteBoard, SMARTBoard or ACTIVboard without an express license to do so. Licenses allowing such use are available and may be obtained by contacting Harcourt School Publishers at HSPHRWorders@harcourt.com

OTHER SITES

In addition to the content on our Site, we have organized and pre-researched some Internet resources around key curriculum topics. Whenever you link to one of these electronic products from our site, a new browser window opens. The content you find on many of these sites may also be proprietary and subject to use restrictions. Be sure to contact the administrator of each site with regards to the use of any information you find there.

RESPONSIBILITY FOR CONTENT

Harcourt School Publishers accepts no responsibility for any material which may reside in or is accessed by the Site other than Company Information. Harcourt School Publishers has no responsibility for information on any other sites.

You may not upload, post or transmit any illegal, obscene, offensive, gambling or otherwise inappropriate material to the Site.

STUDENT POSTINGS

We may offer teachers the ability to post items for their students and students the opportunity to communicate with their teachers on this Site. Such postings are subject to these Terms of Use. By posting and uploading files, inputting data, or engaging in any other form of communication on this Site, the teacher and student are granting Harcourt School Publishers a royalty-free, non-exclusive, worldwide license to use, copy, adapt to fit on our site, transmit, publicly perform or display any such communicated material on this Site or otherwise.

Whenever posting on this Site, teachers and students will not include any personal information of the student. Personal information which may not be posted includes first and last name, home or other physical address, e-mail address, telephone number, social security number or other information which, when used in combination with other information on the Site which would permit physical or online contacting of the student. Teachers may include the student's first name and last initial and the name and city of the student's school.

If you are an administrator or teacher submitting student materials to the Site or assigning Passwords and Member IDs to students, you acknowledge that you have received a signed parent permission letter from such students, and you accept responsibility for informing students' parents or guardians about the student's use of and access to this Site, the materials that students are submitting and the ways in which the materials may be used by us In addition, by sending materials to us you warrant and represent that such materials transmitted do not infringe upon any copyright, patent, trademark, or any other proprietary right, including moral rights of any author.

LIMITATION OF LIABILITY AND WARRANTY YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE ELECTRONIC PRODUCTS PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, ELECTRONIC PRODUCTS, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR ELECTRONIC PRODUCTS LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION).

SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF COMPANY INFORMATION, PRODUCTS, OR ELECTRONIC PRODUCTS; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HARCOURT SCHOOL PUBLISHERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

HARCOURT SCHOOL PUBLISHERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT FOUND TO BE DEFECTIVE OR RETURN OF YOUR MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION WITH US.

NEITHER HARCOURT SCHOOL PUBLISHERS NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND ELECTRONIC PRODUCTS ON THE SITE

SERVICE MARKS AND TRADEMARKS

HARCOURT and the Harcourt Logo are service marks and/or trademarks of Harcourt, Inc. Other trademarks appearing on the Site are trademarks of their respective owners. You shall not display, disparage, dilute, or taint our trademarks and service marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our service marks or trademarks by you or your classroom shall inure to the benefit of Harcourt, Inc.

COMPLIANCE WITH LAW

You agree to use our Site in a manner consistent with all applicable laws and regulations.

NOTICE

We may give notice to you by means of a general notice on the site, via electronic mail to your email address on record or by written communication sent by first class mail to the address you provide in your billing information. You may give notice to us-such notice shall be deemed given when received by us at any time by any of the following:
1. Electronic mail to support@eharcourtschool.com.

INDEMNIFICATION

Upon our request, you agree to defend, indemnify and hold us harmless from any dispute that may arise from your breach of the terms of this Agreement. You agree to hold Harcourt School Publishers and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including any information, software, files, messages, epostcards, or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.

TERMINATION OF SERVICE

User may terminate this Agreement and User's right to use our Site and electronic products at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site.

AUTHORIZED USERS

Harcourt School Publishers reserves the right to limit access to online resources within Harcourt eProducts to individuals who have purchased subscriptions to those resources directly from Harcourt School Publishers or its authorized distributors and to schools or school districts that may otherwise qualify for access. In addition, Harcourt School Publishers reserves the right to restrict special pricing of online eBook subscriptions for use with print textbooks to customers who purchase new textbooks directly from Harcourt School Publishers or its authorized distributors.