Terms of Use

Welcome to our website (the "Site"), made available to you by Eleven Learning Incorporated ("Eleven Learning" "we," or "us"). Please read these terms of use carefully before using the Site. If you continue to browse and use the Site, even if you don't register, you are agreeing to comply with and be bound by these terms of use. If you do not agree with any of these terms of use, please do not use our Site. You understand and agree that we may change these terms of use at any time without prior notice. You may read a current copy of the terms of use at any time by selecting the "Terms of Use" link on the Site. The revised terms of use become effective at the time of posting. Any use of the Site after that date will constitute your acceptance of the revised terms of use. We reserve the right to suspend or terminate the account of any user who does not abide by these terms of use.

1. Proprietary Rights and License

The Site contains material that is owned or licensed by Eleven Learning and is protected by United States and foreign intellectual property laws, including without limitation copyright. All these intellectual property rights are reserved, and your use of the Site and its content gives you no rights in or to the content.

The textbooks displayed on the Site are subject to a variety of licenses, and you should review each individual book for details on how you may use it and any applicable restrictions on your use. However, unless otherwise specified in connection with any individual textbook, you may view, download for caching purposes only, and print pages from the Site for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these terms of use. You must retain all copyright and other proprietary notices contained in the original content on any copy you make. You may not reproduce, upload, post, transmit, download, modify, sell, or distribute the contents of the Site or its contents or information on sites accessible through links on the Site, provided that you may modify any content that you create and post. Individual textbooks may contain additional license terms and restrictions on use.

This license will automatically terminate if you violate any of these restrictions and may be terminated by at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

All trademarks, logos, service marks, and trade names displayed on the Site or on content available through the Site that are not owned by Eleven Learning are the property of their respective owners.

2. Your Account

In order to access the textbooks and some of the services available on the Site, you must register and establish your own account. You must be at least thirteen years of age to use this Site. There is no charge for registering, but access to certain texts may require the payment of a fee. Once you have registered, and if applicable paid any fees, you will be able to add books to your virtual bookshelf and read them, make notes, and highlight passages in the books. You may terminate your account at any time by contacting us.

You are responsible for all activity conducted on or through your account, and you may not share your account with anyone else. By registering, you agree that you will not take any actions designed to compromise the performance or integrity of the Site or interfere with its proper working, or attempt to gain unauthorized access to any aspect of the Site.

3. Materials You Create and Public Forums

In addition to allowing you to create and store notes in your account, the Site may have sections such as blogs, bulletin and message boards, or chat areas that provide you the opportunity to exchange ideas and information. While using the Site, you agree that you will not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials that may be illegal or unlawful, may infringe any third party's legal rights, or are capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law), nor may you advertise or solicit on the Site. By posting or submitting materials to the Site, you represent that you have all necessary rights in and to such materials; that such materials will not infringe on any personal or proprietary rights of any third parties; that such materials will not contain defamatory, indecent, or otherwise unlawful content; and that such materials will not contain any viruses or other destructive features.

We are not responsible for any materials posted by others on our Site, which may not reflect the views and opinions of Eleven Learning. Although we have no obligation to screen, edit, or review posts, we reserve the right to monitor posts and remove any that we consider, in our sole discretion, to be in breach of these terms of use, and to deny access to anyone who violates these terms of use. ELEVEN LEARNING EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE SITE OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE OF THE SITE.

While we have no ownership rights in any materials you create and post or submit to the Site, by doing so, you are granting Eleven Learning a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit, incorporate in other works, and copy such materials on or via our Site and any other form, media, or technology now known or later developed.

4. Links to Other Sites

Links to, or embedded images from, other web sites may appear from time to time on the Site, to offer additional resources on related subjects, but we have not reviewed all of these linked sites or embedded images and are not responsible for the contents or accuracy of any such linked site or image. These links and images are provided as a convenience to you and do not imply our endorsement of the site. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any linked sites, you do so at your own risk.

5. Personal Information

In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of personal information that you provide are set forth in our Privacy Policy, which is incorporated into these terms of use. You acknowledge and agree that you are solely responsible for the accuracy and content of all information that you provide to us. If we need to contact you, we may do so using your email address.

Please be aware that personal information--such as your name or email address--that you voluntarily disclose on services such as blogs, bulletin and message boards, or in chat areas that are accessible to other users could be collected and disclosed by others. Eleven Learning cannot take any responsibility for such collection or disclosure

6. Disclaimer and Limitation of Liability

ELEVEN LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ITS CONTENTS (INCLUDING WITHOUT LIMITATION THE CONTENTS OF ANY TEXTS OR OTHER MATERIAL CREATED OR COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELEVEN LEARNING DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE. FURTHER, ELEVEN LEARNING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE, OR THAT THE SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ELEVEN LEARNING, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE, BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, EVEN IF ELEVEN LEARNING OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. IN NO EVENT SHALL ELEVEN LEARNING OR THE OTHER INDIVIDUALS AND ENTITIES IDENTIFIED ABOVE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL ELEVEN LEARNING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, OR [$100].

Some jurisdictions do not allow exclusion of implied warranties, or the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. Any action on any claim against Eleven Learning must be brought within one year following the date the claim first accrued, or it will be deemed waived.

7. Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors. Eleven Learning does not review any of the textbooks posted on the Site, and does not warrant that any of the materials on the Site are accurate, complete, or current. While we may make changes to certain of the materials contained on the Site at any time without notice, such as correcting errors as we become aware of them, and the authors of individual text books may make changes to their books, neither we nor the authors make any commitment to update any posted materials or correct errors.

8. Indemnification

You agree to defend, indemnify and hold Eleven Learning and our affiliates, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software, or other materials on or through the Site, or your breach or violation of the law or of these terms of use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent.

9. Compliance with Local Laws.

The Site is controlled and operated by Eleven Learning in the United States and is intended for use within the United States. Eleven Learning makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

10. Miscellaneous

Any claim relating to the Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed only in the state or federal courts located in Massachusetts. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. If any provision of these terms of use is deemed unlawful, void or unenforceable, then such provision shall be severed from the terms of use and the remainder of the terms of use shall remain in effect.

The effective date of these terms of use is April 6, 2010.

Digital Millennium Copyright Act Compliance

If you believe that any materials posted on the Site by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:

Designated Agent
Eleven Learning Incorporated
69 Harvey Street, Suite 16
Cambridge, MA 02140
E-mail: copyright@elevenlearning.com

Your notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
Identification of the allegedly infringing material on the Site, and information reasonably sufficient to permit us to locate such material on the Site;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an email address;
A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.