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Terms of Use for International Platforms
If you are in the United States, please go to our Terms of Use for United States users.
If you are using McGraw Hill products or services as a member of an educational institution or business that has a separate written agreement with McGraw Hill incorporating substantially similar Terms of Use, that agreement will govern your use of the products or services and these terms and conditions as written below do not apply to you.
These terms and conditions (the “Terms of Use”) apply to all international web sites and applications (collectively, the “Sites”) owned and operated by McGraw Hill LLC or one of our affiliated companies (“McGraw Hill" or "us" or "we"). By registering for or otherwise using any of our Sites or Services (as defined below) or accessing any content or material that we make available through the Services or Sites, you agree to these Terms of Use. You may also agree to these Terms of Use by signing or entering into an ordering document with McGraw Hill that incorporates these Terms of Use. These Terms of Use, our Privacy Notice which is hereby incorporated by reference, and any ordering document form a legally binding agreement between you and McGraw Hill (collectively, this “Agreement”).
If you do not agree to this Agreement, you may not access or otherwise use the Sites or the Services.
You may use the Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction and enrolled at an institution of higher education, you may accept these Terms of Use on your own behalf. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms of Use on your behalf.
1. PROPRIETARY SERVICES FOR REGISTERED USERS.
McGraw Hill operates electronic platforms/systems including web and mobile applications that enable students, instructors, and administrators of educational institutions to access and use certain online products and services offered by McGraw Hill (collectively and including any subsequent versions of such platforms/systems and applications, the “Services”) through our Sites. In order to access and use the Services you will be required to register on our Sites or through your educational institution. If you register to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions in connection with the registration process (the "Terms of Service").
2. USER INFORMATION.
During the course of using the Services, we may ask you to share certain personal information in order for us to provide you with the Services. Our Privacy Notice describes our policies regarding collecting, using, and maintaining the privacy of your personal information. You acknowledge and agree that between you and McGraw Hill, only you are responsible for the accuracy and content of your personal information, and you agree to keep it up to date.
In accordance with applicable law, we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be minors without the consent of their educational institution or the child’s parent or guardian. If an educational institution with students that are minors uses our Services, the educational institution may also provide us with personally identifiable information about its students. We use student information to provide the Services to the educational institution and its students, consistent with our Privacy Notice.
3. INTELLECTUAL PROPERTY.
During the applicable term of your subscription for Services, subject to the payment of any fees in any applicable subscription agreement and subject to compliance with these Terms of Use and any other agreement governing your use of the Services, McGraw Hill grants you a limited, non-exclusive and non-transferable license to access and use the Services over the Internet via the Site provided for the Services for your own internal use for educational purposes only. McGraw Hill is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on our Sites and is the owner or licensee of the content and/or information on our Sites. Your use of our Sites does not grant to you a license to any content or materials you may access on our Sites, unless otherwise expressly provided in these Terms of Use or the Terms of Service. You may not use any Trademark displayed on our Sites without our prior written consent or prior written consent of the third-party that owns any other trademarks.
4. ACCESS TO MCGRAW HILL CONTENT.
We may provide you with access to content and information related to the Services (the "McGraw Hill Content"). Your use of McGraw Hill Content is subject to these Terms of Use as well as any additional terms you agree to in connection with such McGraw Hill Content and/or posted on the Site for the McGraw Hill Content, including, without limitation, any prohibitions on distribution of the McGraw Hill Content to students or third parties. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may access and use materials from the Services and/or the McGraw Hill Content only for your own personal study or research.
5. RESTRICTIONS ON USE.
Only you are to access the Services and/or the McGraw Hill Content using your username or password, and username/password sharing is not permitted. If your license includes access to eBooks, during the time you have a valid license you may access your eBook on only one (1) web session if using the McGraw Hill eReader (i.e., no concurrent uses allowed) or two (2) devices if using McGraw Hill’s Read Anywhere mobile application. If we have reason to believe you have shared your password information or access to your account or have used the Services in violation of the provisions herein, we may suspend or terminate your account and refuse any and all current or future use of the Services. You may not and agree that you will not (i) otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the Services /or the McGraw Hill Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon; (ii) use any robot, spider, other automatic device or program or manual process to access, monitor, copy or reproduce the Services or the McGraw Hill Content; (iii) engage in systematic retrieval of content from the Services or the McGraw Hill Content to create or compile, directly or indirectly, a collection, compilation, database or directory; (iv) use, upload, or otherwise include the McGraw Hill Content or any output from the Services in any manner (x) in any artificial intelligence (AI) or machine learning technologies, algorithms, or models, or (y) in order to develop or train, test, or improve any AI or machine learning technologies, algorithms, or models; (v) disseminate any portion of the Services or the McGraw Hill Content through electronic means, including mail lists or electronic bulletin boards; (vi) reverse engineer the Services, or (vii) otherwise circumvent, disable, or interfere with any technical and/or other limitations, including without limitation security-related features. You acquire no right, title or interest in any McGraw Hill Content except for the limited access license granted to you, and McGraw Hill reserves all rights in the McGraw Hill Content.
6. COMMUNICATIONS TO MCGRAW HILL.
Although we encourage you to e-mail us, you should not e-mail us anything that contains confidential or personally identifiable information. Please refer to the Privacy Notice with regard to how we handle your personal information. By e-mailing us or otherwise providing content to us, or posting content to the Sites or the Services including but not limited to feedback, questions, comments, suggestions, and the like (collectively, “User Content”), you agree to be bound by our User Content Submission Agreement. You own the rights to anything you post to the Sites or the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create and market products, services, or derivative works from all non-personally identifiable submissions you provide to us (including ideas, concepts, know-how or techniques), in any media now known or hereafter devised.
The Site or Services may permit you to upload third-party content for use with the Site or Services (“Service Uploads”). You represent and warrant that any Service Upload provided by you will conform to the Community Guidelines below. You grant McGraw Hill the right to make your Service Uploads available to licensed end users in the same manner and to the same extent as the McGraw Hill Content provided in the applicable Service. Additional terms and options for Service Uploads may be presented through the applicable upload interface available on the Site offering the Service which shall be in addition to, and not instead of, these Terms of Use.
7. COMMUNITY GUIDELINES.
By using the Sites or Services, you agree you will not: (a) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (b) post advertisements or solicitations of business; (c) impersonate another person; (d) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant McGraw Hill all of the license rights granted herein; (e) submit material that is unsuitable for minors in any country; or (f) submit material that is malicious or destructive in nature, or contain a virus or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information. McGraw Hill does not and cannot review all User Content or Service Uploads and is not in any manner responsible for such content. McGraw Hill reserves the right, but has no obligation, to refuse to post, block or remove communications or materials for any reason in its sole discretion. McGraw Hill may terminate your access to our Sites and/or the Services to prevent further posting or distribution of any communications or materials, and McGraw Hill may, but is not obligated to, report any of your communications or materials to your educational institution.
8. NO WARRANTIES.
WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES, MCGRAW HILL CONTENT OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES, THE MCGRAW HILL CONTENT, AND THE SERVICES AT YOUR OWN RISK. OUR SITES, MCGRAW HILL CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MCGRAW HILL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. MCGRAW HILL RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES, MCGRAW HILL CONTENT AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
ADDITIONAL DISCLAIMERS FOR USERS OF MCGRAW HILL PROFESSIONAL’S MEDICAL, ENGINEERING OR SCIENCES SERVICES:
MEDICINE AND OTHER SCIENTIFIC FIELDS, INCLUDING PROFESSIONAL STANDARDS, ARE EVER-CHANGING. FOR EXAMPLE, AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. MCGRAW HILL AND OUR LICENSORS HAVE USED SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, NEITHER MCGRAW HILL NOR OUR LICENSORS WARRANTS THAT THE INFORMATION CONTAINED IN THE SITE OR THE CONTENT IS IN EVERY RESPECT ACCURATE OR COMPLETE AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM YOUR USE OF SUCH INFORMATION. YOU ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE SITE WITH OTHER SOURCES. FOR EXAMPLE, YOU ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG YOU PLAN TO ADMINISTER TO BE CERTAIN OF THE ACCURACY OF SITE INFORMATION AND THAT NO CHANGES HAVE BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS.
Not Medical or Technical Advice. Our Services are intended to provide you with concise initial reference information and are not intended as a complete reference resource. For example, a Service may not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The information in the Services is intended for educational purposes only and is not intended as a substitute for individual assessment and advice of a licensed professional based on individual patient examination and consideration of necessary factors. Neither McGraw Hill nor our third-party providers or licensors directly or indirectly practice medicine or dispense medical or other engineering or scientific services and, as such, we and they assume no liability for data contained in the Services. You assume full responsibility for your appropriate use of any information contained in the Services.
Liability. Notwithstanding Section 11 below, for McGraw Hill Professional Services, IN NO EVENT SHALL THE LIABILITY OF MCGRAW HILL OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU FOR USE OF THE SITE, CONTENT OR SERVICES DURING THE PREVIOUS TWELVE (12) MONTHS.
9. EXTERNAL WEBSITES.
Our Sites may contain links to third-party applications or websites (“External Websites”). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Websites. When you access an External Website, McGraw Hill has no control over its content, applications, or services, and you will be governed by the External Website’s license or usage terms when you use the External Website or services provided thereby. We do not make any representations regarding the accuracy, quality, or accessibility of any External Website or its content or materials. McGraw Hill disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites.
10. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless McGraw Hill and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse of the McGraw Hill Content, our Sites, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. LIABILITY.
IN NO EVENT WILL MCGRAW HILL OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW HILL CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF MCGRAW HILL OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MCGRAW HILL CONTENT, THE SITES, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, MCGRAW HILL’S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. INFRINGEMENT NOTIFICATION.
We respect the intellectual property rights of others and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Legal Department, McGraw Hill, 1325 Ave. of the Americas, New York, NY USA 10019. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13. COMPLIANCE WITH APPLICABLE LAWS, NOT FOR RESALE OR EXPORT.
We control and operate our Sites from our offices in the United States of America. Unless pursuant to a separate agreement with you, we do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. You agree that your licensed use of our Services 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 your jurisdiction (“Export Laws”). Your license to our Services may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
14. CHANGES TO TERMS.
McGraw Hill may change these Terms of Use from time to time. When these changes are made, we will make a new version available through the Services. You understand and agree that your use of the Services after the date on which these Terms have changed constitutes your acceptance of the updated Terms.
15. TERMINATION OF THE AGREEMENT.
We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of the Services, McGraw Hill Content, and/or our Sites and/or to discontinue any portion, feature, or content of the Services, McGraw Hill Content, our Sites, or this Agreement at any time and for any reason without prior notice or liability. If you violate these Terms of Use McGraw Hill may, but is not obligated to, report any such violation of these Terms of Use to your educational institution. We will (when reasonably feasible) make reasonable efforts to notify end users with active licenses for use of the Services of significant changes to the Services.
16. MISCELLANEOUS.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the “Termination of the Agreement” provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to McGraw Hill,” “No Warranties,” “Indemnification,” “Liability,” “Compliance With Applicable Laws,” “Termination of the Agreement,” and “Miscellaneous.” Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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