Terms of Use

Consumer Purchase Terms

Last updated: November 15, 2024

Independent Consumer Purchasers Only

An independent consumer purchaser is a user who purchases a product or service from McGraw Hill for your own use. It is not a user who purchases or uses a McGraw Hill product that is required or offered by your school or employer. 

These Consumer Purchase Terms do not apply to educational institutions. If you are purchasing McGraw Hill products or services as an authorized representative of an educational institution or business that has a separate written agreement with McGraw Hill, that agreement will govern your purchase and use of the products or services and these Consumer Purchase Terms do not apply to you.

This agreement applies when you are using McGraw Hill products or services that you purchase directly from us as an independent consumer. When you are using McGraw Hill products or services required by your educational institution or employer, the terms of that entity’s agreement with McGraw Hill governs your use of those required products or services, and the terms and conditions below do not apply to your use of those required products or services. 

PLEASE READ THESE CONSUMER PURCHASE TERMS CAREFULLY. SECTION 11 INCLUDES AN ARBITRATION PROVISION REQUIRING ARBITRATION OF CERTAIN DISPUTES INSTEAD OF LITIGATION IN COURT AND A WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

Thank you for your interest in products and services provided by McGraw Hill LLC or one of our affiliated companies ("McGraw Hill", "we", or "us"). Your acceptance of these consumer purchase terms and conditions, together with the Terms of Use, our Privacy Notice, and the Return Policy, all of which are hereby incorporated by reference (collectively, the "Consumer Purchase Terms") as described below establishes a legal agreement between you and McGraw Hill and apply to the purchase and sale of products and services made available by McGraw Hill directly to individual and independent customers through this website, including products in physical or printed form (each a "Print Product") and products in digital form (each a "Digital Product") and including items provided free of charge (collectively, the "Products").

These Consumer Purchase Terms constitute the entire agreement between McGraw Hill and you with respect to the purchase and use of McGraw Hill Products. All references to "Services" in the Terms of Use and "services" in the Privacy Center shall be deemed to include reference to Products (as such term is defined herein). The Terms of Use apply to all Product purchases. In the event of a conflict between these Consumer Purchase Terms and the Terms of Use, the terms of these Consumer Purchase Terms shall control.

By (i) clicking any available "I Agree" or similar checkbox or purchase or submit button on the Product checkout page or (ii) registering your user account, you accept and agree to be bound by these Consumer Purchase Terms. By accepting these Consumer Purchase Terms, you affirm that you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and that you will comply with these Consumer Purchase Terms in connection with your purchase and use of the Products.

1. MODIFICATIONS.
   We reserve the right to update and revise these Consumer Purchase Terms at any time. You will know if these Consumer Purchase Terms have been revised since your last visit to this website by referring to the "Last Updated" date at the top of this page; and we will endeavor to provide you with prior notice of any material changes by placing a notice on this website, communicating via email, or by some other means that are reasonably designed to inform you of the update. Your continued use of the Products after your receipt or the posting of notice of a change to these Consumer Purchase Terms will mean you accept and agree to be bound by the changes. You should review these Consumer Purchase Terms regularly for any changes.


2. ORDER ACCEPTANCE.
   You agree that your order is an offer to buy, under these Consumer Purchase Terms, all Products listed in your order. We will not be obligated to sell the Products unless and until we accept your order. We may choose not to accept any orders in our sole discretion, in which case you will not be sold such Product and these Consumer Purchase Terms will not apply. After receiving your order, we will send you a confirmation email with your order number and details of the Products you have ordered, which serves as our acceptance of your order ("Order Confirmation"). Acceptance of your order and the formation of the contract of sale between McGraw Hill and you will not take place unless and until you have received your Order Confirmation.


3. PRICES AND PAYMENT TERMS.
   

   All prices posted on our websites are subject to change without advance notice. The price charged for a Product will be the price posted on our website at the time the order is placed and will be set out in your Order Confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total amount due and will be itemized and displayed when Products are placed in your shopping cart and in your Order Confirmation. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any orders arising from such errors.

   We currently use third parties to process payments. Our third-party payment processors ("Payment Processor") accept payments through various credit cards, including Visa, MasterCard, American Express, and Discover, as detailed on the applicable payment screen. You must provide current, complete, and accurate payment information in order to complete a purchase. You should immediately contact your card issuer, and promptly notify us and change your password as soon as possible if your payment information is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as if your username or password is lost or stolen or you believe there has been unauthorized disclosure or use of your account.

4. SHIPPING, DELIVERY, TITLE, AND RISK OF LOSS.
   

   We will arrange for shipment of the ordered and accepted Print Products to you through a third-party delivery service provider, and we will provide a shipment tracking number upon shipment of all or any part of your order. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damages caused by a delay in shipment. Print Product title and risk of loss pass to you upon the transfer of Print Products to the delivery service provider.

   You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery or other delivery receipt the carrier asks you to sign. McGraw Hill is not responsible for any visible shipping damage not noted on the delivery receipt.

5. PRODUCT SUBSCRIPTIONS AND AUTO-RENEWALS.
   

   McGraw Hill offers a variety of Products, including software and services such as Sharpen and ALEKS Independent Use, on a direct to consumer subscription basis subject to auto-renewal. This means that your subscription will automatically renew for a given term as communicated to you in the manner described below without any further action taken by you. Auto-renewal ensures continued access to your Product until you cancel your subscription, with no need to keep track of renewal dates. Subscription periods shall commence upon the date of your order of the applicable Product. We will automatically renew your subscription on the applicable renewal dates presented to you on the Product checkout page and set forth in your Order Confirmation, using the payment method you used to pay for the initial subscription, until you cancel your subscription. You must cancel your subscription before it automatically renews at the end of the then-current subscription period (or free trial if applicable) in order to avoid renewal charges. Subscription fees are subject to change, and you will be charged at the then-current published subscription fee for your term. You will be notified in advance of any changed subscription fees and will be provided the opportunity to cancel prior to your subscription automatically renewing at the new price. Your access is conditioned upon timely payment of the applicable subscription fee. You will not have access to the relevant subscription Product beyond your then-current paid period if your subscription is cancelled, allowed to lapse, or terminated for non-payment. YOU MAY BE SUBJECT TO TERMINATION FEES FOR CANCELLATION OF SUBSCRIPTIONS DURING THE TERM.

   You may cancel your subscription for a Product by following the directions for cancellation in your Order Confirmation or by signing into your account for that Product, visiting your account information page, and following the instructions for cancellation or opt out for auto-renewal, or by contacting Customer Service. You may cancel a subscription at any time, but the cancellation will only become effective at the end of your current billing period (or free trial if applicable). We do not offer refunds or credits if you cancel your subscription after your new billing cycle began. If you cancel your subscription in the middle of a billing cycle, you will not receive a refund of any prepaid subscription fees. Cancellation will only take effect at the end of your current billing period (or free trial if applicable) and we will allow you to access the relevant subscription Product until your most recently paid-up subscription period ends, unless a specific subscription Product offers a different policy.

   Please review your Order Confirmation for additional auto-renewal terms for your specific Product subscription, including renewal dates, cancellation methods, and any fees, such as early termination fees, which may apply in some circumstances for some subscriptions.

6. RETURNS AND REFUNDS.
   

   Refunds are available from McGraw Hill only for items purchased directly from McGraw Hill. Products purchased from bookstores, online retailers or other third parties may not be returned to McGraw Hill.

   To return a Product, you must follow the instructions listed on the applicable purchase confirmation for the Product or our Return Policy, or visit our Customer Service site for directions before shipping any returnable Print Products.

   Refunds are processed within approximately 10 business days of our receipt of your returned Product. Your refund will be credited back to the same payment method used to make the original purchase on this website. WE DO NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.

   Except for Products purchased on an automatically renewing subscription basis or any Products designated on this site or in the applicable Product purchase process as non-returnable, we will accept a return of Products purchased directly from McGraw Hill using this website, for a refund of your purchase price, less the original shipping and handling costs (if any), provided your return is made within the specified time period applicable to such Product set forth in our Return Policy.

   Print Products
   Print Products must be returned in new, unmarked, and saleable condition. You are responsible for all shipping and handling charges on returned Print Products. You bear the risk of loss during shipment.
   
   Digital Products
   

   Downloadable digital products are not eligible for return once downloaded. Digital Products offered on a single-term subscription basis and purchased by you that are required by your institution (e.g., Connect, ALEKS) may be returned within 14 days of the date of purchase. Independent use subscriptions to Digital Products purchased by you as a direct consumer for your personal supplemental use (e.g., Sharpen, ALEKS Independent Use, First Aid Forward) do not offer refunds for partially used subscription periods. Please visit our Customer Service site for further details. You may cancel a subscription to a Digital Product at any time by following the instructions set forth in your Order Confirmation, by signing into your account for that Product, visiting your account information page, and following the instructions for cancellation or opt out for auto-renewal, or by contacting Customer Service. Subscriptions to Digital Products for one-month or shorter terms are non-refundable.

   Digital Products offered on an automatically renewing subscription basis do not offer refunds or credits may be subject to additional terms governing returns and refunds, which will be made available to you on the Product checkout page and/or your Order Confirmation. Please be sure to review all terms posted on the Product checkout page or provided in an Order Confirmation.

7. PROMOTIONS AND DISCOUNTS.
   From time to time, McGraw Hill may offer certain promotions or discounts that may be redeemed in a purchase for Products, subject to certain exclusions or other restrictions as may be determined and communicated by McGraw Hill in its sole discretion. Only valid offer codes provided by McGraw Hill will be honored at checkout. Codes supplied or promoted by third parties unauthorized by McGraw Hill (including any unauthorized third-party websites) will not be considered valid. Each valid offer code is non-transferable and valid for single use on a Product as determined by McGraw Hill. Offer codes may not be combined, and you are limited to the use of a single offer code per order. McGraw Hill is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. McGraw Hill is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any orders arising from such errors. Offer codes cannot be redeemed for cash or any cash equivalent. The dollar value of any offer code will not be refunded or credited back if any or all of the Products are returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where otherwise prohibited. Promotions may include introductory free trial subscriptions that automatically renew as paid subscriptions at the end of the relevant free trial period, as indicated on the Product checkout page and/or Order Confirmation. Please be sure to review all terms posted on the Product checkout page and/or provided in an Order Confirmation, including renewal dates, cancellation methods, and any fees that may apply.


8. NOT FOR RESALE OR EXPORT.
   You agree that your Product purchase is for your own use, not for resale, export, re-export, or transfer. Your purchase is subject to, and you are responsible for, compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions ("Export Laws"). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.


9. THIRD-PARTY SERVICES.
   The Products may contain links or connections to third-party websites, services, or other technology provided by third parties that are not owned or controlled by us ("Third-Party Services"). When you access Third-Party Services, you accept that there are risks in doing so, and that we are not responsible for such risks. A Third-Party Service may include or be accompanied by a separate service, license, privacy policy, or other agreement ("Third-Party Agreement"), in which case that Third-Party Service is provided solely under the terms of that separate Third-Party Agreement. The applicable supplier of any Third-Party Service is an intended third-party beneficiary of these Consumer Purchase Terms and may enforce such terms directly against you with respect to such Third-Party Services. By using Third-Party Services, you release and hold us harmless from any and all liability arising from your use of any such Third-Party Service. If there is a dispute between users, or between users and any third party in relation to a Third-Party Service, we are under no obligation to become involved.


10. INTELLECTUAL PROPERTY.

    We or our licensors own and retain all right, title, and interest in and to the Products, including all associated trademarks, copyrights, trade secrets, and other intellectual property rights. Nothing in these Consumer Purchase Terms transfers any such rights, title, or interest to you, and we reserve all rights not expressly granted to you. For clarity, the license restrictions in Section 3 of the Terms of Use shall apply to Digital Products.

    During the time you have a valid license to access a McGraw Hill eBook, you may access your eBook on only one (1) web session if using the McGraw Hill browser reader application(i.e., no concurrent users allowed) or up to two (2) devices if using a McGraw Hill reader mobile application. Only one licensed user at a time may log in to an ALEKS account. Only one licensed user at a time may log in to a Connect account. Up to five (5) concurrent login sessions are allowed for a validly licensed ConnectED account. The number of concurrent login sessions per licensed account for a Product may change from time to time in our sole discretion.

11. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER.
    

    GOVERNING LAW. These Consumer Purchase Terms and the relationship between you and McGraw Hill will be governed by the laws of the State of New York without regard to its conflict of law provisions.

    ARBITRATION. Any dispute, claim or controversy between you and McGraw Hill that arises out of or relates to the Products, Services, and these Consumer Purchase Terms, including but not limited to any claim that all or any part of these Consumer Purchase Terms are void or voidable or whether a claim is subject to arbitration (collectively, "Disputes") shall be resolved first through an informal dispute resolution process.  If informal resolution fails, the Consumer Purchase Terms further mandate that all Disputes be resolved through binding arbitration.

    1. Informal Dispute Resolution Procedure.  You and McGraw Hill agree to use good faith efforts to settle informally any dispute, claim, question, or disagreement and to engage in good faith negotiations to do so.  Good faith engagement in informal dispute resolution is a prerequisite to either party initiating an arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

       To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party. For any Dispute that you initiate, you agree to send to McGraw Hill (a) a written description of the dispute and (b) the email address(es) associated with your account to legal@mheducation.com. The written description must be on an individual basis and provide, at least your name; the name(s) of the applicable Product or Service and a description of the nature or basis of the claim or dispute; and the specific relief sought.

    2. Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution of the Dispute within 60 days, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as provided herein) subject to the terms set forth below and the National Arbitration and Mediation ("NAM") rules.  If you are initiating arbitration, a copy of the demand shall also be emailed to legal@mheducation.com.  Any demand initiating arbitration, whether filed by you or McGraw Hill, must include the email address you used to create an account with McGraw Hill.

       Except as set forth below, you and McGraw Hill agree that any Dispute will be settled by binding arbitration in accordance with this Section 11 (collectively, the "Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act ("FAA") and is intended to be interpreted broadly, and apply to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement.

       You hereby acknowledge and agree that by agreeing to these Consumer Purchase Terms, which include this Arbitration Agreement, you and McGraw Hill are each waiving the right to a trial by a jury to the maximum extent permitted by law.

       Notwithstanding the parties' decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means copyrights, trademarks, patents, moral rights, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

    3. Class Action Waiver. YOU AND MCGRAW HILL ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SUBSECTION C AND SUBSECTION E BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF MCGRAW HILL PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

       With the exception of this Subsection C and Subsection E below, if any part of Arbitration Agreement is deemed to be void, unenforceable, or illegal, or otherwise conflicts with the rules of NAM then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection C or Subsection E is found to be invalid, unenforceable, or illegal as applied to your claims, then the entirety of this Arbitration Agreement will be deemed null and void, and neither you nor McGraw Hill shall be required to arbitrate their dispute. Except as provided in this Subsection C, this "Dispute Resolution" section will survive any termination of these Consumer Purchase Terms.

    4. Arbitration rules and procedures. The arbitration will be administered by NAM in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect at the time any demand for arbitration is filed with NAM, except as modified by this "Dispute Resolution" section and excluding any rules or procedures governing or permitting class or representative actions. (The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com). If NAM is not available to arbitrate, the parties will select an alternative arbitration provider

       The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

       The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" included in Section 8 of McGraw Hill's Terms of Use as to the types and the amounts of damages for which a party may be held liable. Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration. Unless otherwise prohibited by law, all arbitration proceedings will be confidential except as necessary to obtain court confirmation of the arbitration award.

    5. Batch arbitration.  In the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM ("Mass Filing"), the parties agree to administer the Mass Filing in sequential batches of approximately 25 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (i) to designate one arbitrator for each batch; (ii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 80 anticipated batches, 10% of which – i.e., 8 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by McGraw Hill and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 25 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or McGraw Hill may cease arbitration and file in a court of competent jurisdiction.

       Each claimant may strike the arbitrator selected by their counsel and McGraw Hill for the batch and where such strike is exercised, the objecting claimant's demand will be included in any simultaneously proceeding batch, or the next following batch.

       You agree to cooperate in good faith with McGraw Hill and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall not be interpreted as increasing the number of claims necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

    6. Mediation following first batch in a Mass Filing.  The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with McGraw Hill and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, McGraw Hill, the remaining claimants and their counsel, and the mediator will have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either McGraw Hill or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither McGraw Hill nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in Subsection E in the order determined by the sequential numbers assigned to demands in the Mass Filing.

    7. Fees.  If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you understand and agree that consistent with NAM's rules permitting sanctions, and as set forth in this Arbitration Agreement, you may be required to reimburse McGraw Hill for arbitration fees (including attorneys' fees) McGraw Hill incurred to defend your claim(s). You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

       
       The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's rules where it deems appropriate (including as specified in Subsection E), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 11 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

    8. Right to opt out of the Arbitration Agreement.  You can opt out and not be bound by the Arbitration Agreement by sending written notice to legal@mheducation.com with the subject line, "ARBITRATION OPT-OUT."  You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one.

       Your notice must be sent within thirty (30) days of the later of (a) the date these Consumer Purchase Terms or (b) your first use of the Service or Product.  If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, McGraw Hill also will not be bound by it.

    9. Changes.  McGraw Hill will provide 30 days' notice of the date of any material changes to this Section 11. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when such claims may have accrued. If McGraw Hill changes this Section 11 after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.  If you do not agree to such change, you may opt out by providing notice as described in Subsection H.

12. FORCE MAJEURE.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Consumer Purchase Terms, for any failure or delay in our performance (including a delay in shipment or delivery of Products to you) under these Consumer Purchase Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, quarantines, lockdowns, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

User Content Submission Agreement

Last modified January 2020

For the avoidance of doubt, these Terms do not apply to any data submitted to or collected by McGraw Hill in connection with the educational or instructional use of our products and services by customers, students, and/or educational institutions. By submitting your content to McGraw Hill LLC or its affiliates ("McGraw Hill", "we" or "us"), including articles, comments, photos, videos, and all content, media, materials and information ("User Content") you publish through any social media platform, any of our applications, or directly to the entire McGraw Hill website ("Site") or services, you are representing that you accept and agree to these Terms and the terms of McGraw Hill's Terms of Use and Privacy Notice and that you will comply with all of the requirements of each policy, and that you are at least eighteen (18) years of age. In addition, to the extent your User Content is displayed on the Site or in connection with any of our services, you also will be subject to any additional terms of use, agreements, guidelines or rules provided by McGraw Hill applicable to such Site and services and you hereby agree to be bound by such other terms, agreement, guidelines or rules. If you do not agree to these Terms, you should not submit User Content.

You also agree to the following:

As between you and us, you represent that you own all User Content, or have the rights and permissions to give us the license described herein. You hereby grant us permission and an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, reproduce, display, copy, distribute, publish, perform, sublicense, translate, create derivative works from, make available and otherwise exploit all User Content you provide to us, including but not limited to on our webpages and social media pages and in any and all other customer communications, marketing, promotional and advertising initiatives, including for commercial purposes, and in any media now known or hereafter devised. By submitting the User Content you agree to also allow us to feature personal information in connection with any use of your User Content, such as your name, voice, likeness, photograph, username, social media handle, accompanying text, location and other identifying information; however, we have no obligation to attribute any authorship in the User Content to you. Information you submit with User Content is subject to our Privacy Notice. The foregoing licenses shall survive termination of these Terms for any reason. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information. These licenses will survive the termination of these Terms and your use of the Site.

You agree you will not submit any User Content that is not in accordance with the Community Guidelines in our Terms of Use. McGraw Hill reserves the right but not the obligation to remove, to not accept or to not transmit User Content that we deem to be in violation of our Terms. User Content does not reflect the views of McGraw Hill, and we are not responsible or liable for or in connection with any User Content. If you believe any content, including User Content, residing on the Site or services or displayed or used in connection with the services infringes any person's or entity's copyright rights, please refer to our Terms of Use.

We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote McGraw Hill. No payment, royalty or compensation of any kind, or permission, notification or attribution, is due to you or to anyone else for our use of your User Content. Any User Content submitted to us through a social media service must be submitted in accordance with all terms and conditions of the applicable social media service. You are responsible for your registration, use, and any costs related to your use, of any third party service used to submit User Content, and McGraw Hill will not have any responsibility therefor.

You hereby release McGraw Hill from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any permitted use or nonuse of your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. You also forever waive and relinquish all moral rights now or hereafter recognized in connection with your User Content and the rights granted to McGraw Hill hereunder. You represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You agree to indemnify and hold us and our affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content.

Rules for Promotions

Any sweepstakes, contests, challenges, surveys, raffles or other promotions (collectively, "Promotions") made available through the Site or otherwise may be governed by specific rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Notice as by participating in the Promotion you will become subject to its applicable rules which may vary from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.