eBook end user Terms of Use

 

eBook End User Terms of Use

These eBook End User Terms of Use (“Terms of Use”) govern your use of the following Content Items which are all publications of CPM Educational Program, a California non-profit mutual benefit corporation (“Licensor” or “CPM”):

  • Core Connections, Course 1
  • Core Connections, Course 2
  • Core Connections, Course 3
  • Core Connections Algebra
  • Core Connections Geometry
  • Core Connections Algebra 2
  • Core Connections Integrated I
  • Core Connections Integrated II
  • Core Connections Integrated III
  • Precalculus Third Edition
  • Pre-Calculus with Trigonometry
  • Calculus Third Edition
  • Calculus Second Edition
  • Core Connections, Course 1, Minnesota Version
  • Core Connections, Course 2, Minnesota Version
  • Core Connections, Course 3, Minnesota Version
  • Core Connections Accelerated 6th Grade eGuidebook
  • Core Connections Accelerated 7th Grade eGuidebook
  • Core Connections Compressed Accelerated 7th Grade eGuidebook
  • Core Connections Compressed Accelerated 8th Grade eGuidebook
  • Core Connections Compressed Accelerated Integrated 8th Grade eGuidebook
  • Making Connections: Foundations for Algebra Course 1
  • Making Connections: Foundations for Algebra Course 2
  • Algebra Connections
  • Geometry Connections
  • Algebra 2 Connections
 © 1999-2019. All Rights Reserved. (“Course(s)”), including all software and other materials made accessible to you by Licensor as part of the Course(s) and all illustrations or images set forth therein (“Licensed Content”). Your use of the Licensed Content is being provided pursuant to the terms and conditions set forth in the Purchase Agreement for the CPM Educational Program or any other applicable License Agreement (“Purchase Agreement”) between CPM and you, your school or other person or entity who owns or otherwise lawfully controls the license providing you access to the Licensed Content (“Licensee”). “We,” “us,” “our” and similar pronouns refer to CPM, its affiliates, employees, consultants and distribution partners, as appropriate.

Acceptance of Terms of Use 
BY ACCESSING THE LICENSED CONTENT OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY LICENSEE TO ACCESS AND USE THE LICENSED CONTENT; (ii) AGREE TO BE BOUND AND ABIDE BY CPM’S WEBSITE TERMS OF USE AND PRIVACY POLICY ; AND (iii) ACCEPT THESE EBOOK END USER TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE LICENSED CONTENT.

Please review these Terms of Use carefully. If you do not understand any provision of these Terms of Use, we strongly recommend you consult legal counsel because you are entering into a binding legal contract. CPM is the owner or licensee of all rights in the Licensed Content, including its trademark, content, software, services, and intellectual property. The Licensed Content is an Internet-based and server-based source of information for use by registered teachers, students, parents, tutors and related parties (each an “End User” and collectively “End Users”) who have been supplied usernames and passwords pursuant to a Purchase Agreement. An End User’s use of any of the Licensed Content is limited in important ways.

Acceptance of Terms of Use for Users under 13 Years Old
For users who are under 13 years old (or who are considered minors in their jurisdiction), the user’s parent or legal guardian (“Parent”) is responsible for accepting and complying with these Terms of Use.  The Parent is also responsible for knowing such user’s unique username and password and shall ensure the Licensed Content is being used appropriately.  CPM’s Privacy Policy  describes the type of information that may be collected from users, and for users under 13 years old (or who are considered minors in their jurisdiction) the Parent is responsible for reviewing and understanding the Privacy Policy  and Website Terms of Use , and for providing consent for such users to use the Licensed Content and CPM’s Website. 

License Grant
Subject to your strict compliance with these Terms of Use, Licensor hereby grants you a non-exclusive, non-transferable, revocable, limited license to access or use the Licensed Content for non-commercial educational instruction purposes (“License”) solely in accordance with the following conditions:

  • The Licensed Content shall be made available to you in browser-based form only.
  • The Licensed Content shall be made available for access using Chrome, Safari and Firefox. Internet Explorer is NOT supported.
  • You must access the Licensed Content on a browser from a computer or mobile device that is owned, leased or otherwise controlled by you, except as otherwise stated herein.
  • You must use Licensed Content for educational instruction, research or training purposes only.
  • You may display the Licensed Content only to the extent expressly authorized in the Licensed Content and solely for delivery to other End Users in the course of instructing such End Users in the classroom.
  • You must access Licensed Content over a secure server.
  • You must enable Javascript and Cookies in your browser to access the Licensed Content.
  • You must not share Licensed Content in any form with anyone other than another End User as identified herein unless expressly authorized in writing by Licensor.

The foregoing License will terminate immediately on the earliest to occur of:

  • The termination of the Purchase Agreement.
  • You ceasing to be authorized by Licensor and/or Licensee to use the Licensed Content for any or no reason, including expiration of the applicable semester, class or program related to the Licensed Content.
  • Your breach of any term or condition of these Terms of Use.

Use Restrictions
You shall not, directly or indirectly:

  • Access or use the Licensed Content, except as set forth in Section 1.
  • Copy, upload or download the Licensed Content, in whole or in part.
  • Modify, reformat, translate, adapt or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Licensed Content or any part thereof.
  • Combine the Licensed Content or any part thereof with, or incorporate the Licensed Content or any part thereof in, any other programs or material.
  • Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices included on or in the Licensed Content, including any copy thereof;
  • Reverse engineer, decompile or modify Licensed Content, in whole or in part.
  • Rent, lease, lend, sell, transmit, publish, sublicense, assign, distribute, transfer or otherwise commercially exploit or provide any access to or use of the Licensed Content or any features or functionality of the Licensed Content, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate or service provider of Licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as service, cloud or other technology or service.
  • Create or compile, directly or indirectly, a collection, compilation, database or directory from the Licensed Content.
  • Use any automated downloading programs or devices to continuously and/or automatically search or index any Licensed Content.

Intellectual Property Rights
You acknowledge that the Licensed Content is provided under license, and not sold, to you. You do not acquire ownership interest in the Licensed Content under these Terms of Use, or any other rights to the Licensed Content other than to use the Licensed Content in accordance with the License granted under these Terms of Use, subject to all terms, conditions and restrictions. The Licensed Content is protected by copyright and is the property of CPM or its licensors. Licensor reserves and shall retain its entire right, title and interest in and to the Licensed Content and all intellectual property rights arising out of or relating to the Licensed Content, subject to the License expressly granted to Licensee in the Purchase Agreement and to End Users in these Terms of Use. You shall use commercially reasonable efforts to safeguard all Licensed Content (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.

Any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Licensed Content becomes our intellectual property upon receipt by us.

Any approved or permitted reproduction, including a printed or an electronic image, generated from any Licensed Content must include all copyright notices contained thereon and/or applicable thereto as noted in the Licensed Content.

Disclaimer of Warranties
YOUR USE OF THE LICENSED CONTENT IS AT YOUR OWN RISK. THE LICENSED CONTENT IS LICENSED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY NATURE. LICENSOR EXCLUDES AND EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OR COMPLETENESS. IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE LICENSED CONTENT. YOU ARE PROVIDED THE LICENSED CONTENT PURSUANT TO THE PURCHASE AGREEMENT BETWEEN LICENSOR AND LICENSEE, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE LICENSED CONTENT SHALL BE SOLELY TO LICENSEE PURSUANT TO THE PURCHASE AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN. THE TERMS OF THIS DISCLAIMER OF WARRANTIES SHALL SURVIVE THE TERMINATION OF THIS TERMS OF USE FOR ANY REASON.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability
IN NO EVENT WILL CPM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE LICENSED CONTENT, ANY WEBSITES OR TOOLS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR TOOLS LINKED TO IT, OR ANY OTHER MATERIALS OBTAINED THROUGH THE LICENSED CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless CPM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Licensed Content.

Password Use and Security
The terms and conditions of the Purchase Agreement require End Users to enter a username to be provided by Licensee and to create a password in order to access and use the Licensed Content. You shall be responsible for all access to and use of the Licensed Content by means of your equipment or your unique username and password, whether or not you have knowledge of or authorize such access and use. Sharing your username and password with third parties is strictly prohibited.

You are solely responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to immediately notify CPM at security@cpm.org if you become aware of or have reason to believe that there is any unauthorized use of your or any other End User’s account or any other breach of security. CPM is in no way liable for any claims related to the use or misuse of your username and password due to the activities of any third party outside of our control or due to your failure to maintain the confidentiality and security of such information.

License Term and Termination
The License granted to you under these Terms of Use commences on the date of your acceptance of these Terms of Use and terminates at the expiration of the applicable semester, class or program related to the Licensed Content unless terminated earlier in accordance with these Terms of Use (“License Term”). For example, this License automatically terminates if you fail to comply with any provisions of the Terms of Use. CPM, in its sole discretion, may immediately disable your access to the Licensed Content, including your username and password, upon termination of the License. Upon termination, you must immediately remove all Licensed Content from your computer, its server(s) and any other computer used by you to access the Licensed Content and return to CPM or destroy, at CPM’s option, all related documentation, passwords and any and all authorized copies thereof.

Updates and Support

During the License Term, we may furnish, at our sole discretion, updates to the Licensed Content (“Updates”). Such Updates are additions and changes that we elect to make generally available to End Users without payment of additional fees or charges during the License Term and may include minor enhancements and/or revisions to correct known problems. Appropriate documentation will be included for such Updates. Such Updates shall be considered to be part of the Licensed Content. All Updates shall be subject to the terms and conditions of the Purchase Agreement and these Terms of Use. Updates do not include: (a) platform extensions including product extensions to: (i) different hardware platforms; (ii) different windowing system platforms; and (iii) different operating system platforms. We assume no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Licensed Content if you have made changes to your system hardware/software configuration. We assume no responsibility for the operation or performance of any user-written or third-party application.

During the License Term, we agree to provide support services. For support, please send an email to support@cpm.org. CPM support services are available during business hours, 8:00 a.m. to 5:00 p.m. (Pacific Time), Monday through Friday, excluding legal holidays.

Support services do not include any of the following: (1) custom programming services; (2) on-site support, including installation of hardware or software; (3) support of any software not included in the Licensed Content; (4) live training sessions; (5) other user expenses, including hardware and related supplies; or (6) any other activity not explicitly stated above as covered.

Access and Links
Internet access is required to access the Licensed Content. YOU ARE RESPONSIBLE FOR: (a) MAINTAINING ANY EQUIPMENT OWNED, CONTROLLED OR USED BY YOU TO ACCESS AND USE THE LICENSED CONTENT, AND (b) ENSURING THE ACCURACY OF DATA INPUT AND OUTPUT. The Licensed Content may contain links to websites operated by third parties. Such links are provided for your convenience only. We do not control these third party websites and assume no liability or responsibility for them, including any content or services provided to you by such websites. You should not consider any link to or from a third party website as an endorsement of any such website by us unless we expressly so state. OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Notices
We may give notice by means of a general notice posted on our website, email to your email address on record in our account information, or written communication sent by first class mail or pre-paid post to your address of record in our account information, at our sole option.

Assignment; Change in Control
This Agreement may not be assigned by you without our prior written approval but may be assigned without your consent by us to: (a) our parent or subsidiary, (b) an acquirer of our assets, or (c) a successor by merger. Any purported assignment in violation of this section shall be void.

Attorneys’ Fees
If any dispute arises between the parties with respect to the matters covered by these Terms of Use which leads to any legal, equitable or administrative action or proceeding to resolve the dispute, the prevailing party shall be entitled to receive its reasonable attorneys' fees and costs, including costs of investigation, expert witness fees and costs, out-of-pocket costs, and any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Injunctive Relief
Any actual or threatened unauthorized access to, use or disclosure of any of the Licensed Content and any breach of these Terms of Use will cause irreparable and continuing harm to CPM, which harm cannot be adequately remedied by money damages or other remedy at law. You acknowledge that, to prevent such harm, CPM shall be entitled to temporary, preliminary and permanent injunctive relief to prevent unauthorized access to, and use or disclosure of, the Licensed Content as well as any other relief that may be appropriate. You acknowledge that these Terms of Use are reasonable and necessary to protect CPM's intellectual property rights in the Licensed Content and its legitimate business interests. You knowingly and intentionally waive any claim or defense that irreparable harm will not occur to CPM because of your actual or threatened breach of these Terms of Use, and you shall not assert such a claim or defense in any action where CPM seeks to enforce these Terms of Use. Injunctive relief shall be in addition to any other rights or remedies available to CPM.

Governing Law and Jurisdiction  
All matters relating to the Licensed Content and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any of its choice or conflict of law provisions or rules.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Licensed Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Sacramento and County of Sacramento. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims 
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE LICENSED CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  
No waiver by CPM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CPM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement and Order of Precedence  
To the extent applicable, the Website Terms of Use, the Privacy Policy, the License Agreement, eBook Terms of Use, End User Terms of Use, and Purchase Agreement constitute the sole and entire agreement between you and CPM with respect to the Licensed Content and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Content.  Should any conflict or ambiguity arise between these Terms of Use and any Other Agreement, the following order of precedence shall apply: (1) License Agreement; (2) Purchase Agreement; (3) eBook Terms of Use or End User Terms of Use, whichever is applicable, (4) Website Terms of Use; and (5) Privacy Policy.

No change or modification of these Terms of Use will be valid unless it is in writing and is signed by the parties.

Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement. If you believe any materials accessible on this Website infringe your copyright, you may notify CPM by submitting written notification to cpm@cpm.org.

Last Modified: May 29, 2018