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WriterKey® is an online application designed to improve the teaching, learning and assessment of writing across the curriculum. Our rich set of tools and features are part of a formative system for writing improvement.

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Effective Date: April 6, 2016

This website is owned and operated by Macmillan Learning[1] (referred to herein as "we" "us" or "our") . This Terms of Use and End User Agreement ("Terms of Use") applies to any online interface (e.g., website, mobile application or other interactive service) that contains a link authorized by Macmillan Learning to this Terms of Use (each, a "Site", and, collectively, the "Sites").


General Provisions

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS SITE. PLEASE READ IT CAREFULLY.

Macmillan Learning offers this Site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated in this Terms of Use. Your continued use of this Site constitutes your agreement to all such terms, conditions, policies and notices. Additional terms and conditions may apply to the purchase or use of products, including but not limited to free trials. By using this Site, you agree to such terms and conditions.

If you have entered into a separate agreement with us for specific services, then the terms of that agreement will control to the extent that the agreement conflicts with these Terms of Use.

We respect the privacy of our users. Please take a few minutes to review the privacy policy applicable to this Site, which is incorporated into, and made part of, these Terms of Use.


Purpose of This Site

This site is operated for the purpose of providing information on the diverse products and services offered by Macmillan Learning, and/or may give you access to certain subscription services, including services that enable you to access online writing platforms, administer surveys, upload academic portfolios, and/or other digital media products ("Digital Media Products"), tools and functionality, subject to these Terms of Use.


Personal Registration for Subscription Services

Certain of our Sites permit you to browse, access and use content, features and/or functionality without registration. You are required to register, however, in order to access our subscription services, such as WriterKey and certain of our other digital media products ("Subscription Services").

The first time you sign in to a Subscription Services account, you will be prompted to register. In consideration of your use of our Sites, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the website registration process; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Macmillan Learning suspects that such information is untrue, inaccurate, not current or incomplete, Macmillan Learning has the right to suspend or terminate your account and refuse any and all use of our Sites. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer your account to another party. If you transfer or attempt to transfer your rights to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify Macmillan Learning of any unauthorized use of your password or account or any other breach of security. Macmillan Learning will not be liable for any loss or damage arising from your failure to comply with this section.

Schools and school districts that are Subscribers to certain Subscription Services (a "School or School District Subscriber") agree to grant access only to teachers, staff members and students who are current employees or students at their schools or school districts. If a teacher, staff member or student is no longer employed by, or a student at, a School or School District Subscriber, such School or School District Subscriber will notify Macmillan Learning that such individual is no longer an authorized user of the Subscription Services and otherwise ensure such individual ceases all use of the Subscription Services. If at any time a School or School District Subscriber learns that a user of a Subscription Service claiming to be affiliated with its school or school district is not, in fact, so affiliated, such School or School District Subscriber will notify Macmillan Learning immediately.

If you are a college or high school instructor, or other school administrator, that is accessing and using certain Subscription Services as part of your curriculum, you represent and warrant that you have permission from your school or district to enter into these Terms of Use, to use the Subscription Services as part of your curriculum, and that you agree to be bound by these Terms of Use.

If you are a instructor or school administrator, you are generally required to purchase access to the Subscription Service for the purchase price and for the duration set forth on your purchase order or the purchase page for the Subscription Service, and validate your account on this Site with the activation code/passkey. If you are a student or other users, you may receive access via your instructor or school administrator or you may purchase Subscription Services online through this Site. For those Subscription Services where access paths distributed by a college or high school instructor or a school administrator are required for a student or other user's registration, that student or other user may only access the Subscription Service using the access path provided by the college or high school instructor or school administrator.

You agree that if you violate these Terms of Use (including by failure to pay the purchase price when required), Macmillan Learning may immediately terminate your account and/or access to this Site.

Upon expiration or termination of your account, (i) you will have no further rights in or access to this Site (including any User Content you may have uploaded to the Site), (ii) Macmillan Learning may (and shall upon your request) delete any User Content (as defined below) you have submitted, and (iii) Macmillan Learning will have no further rights in any User Content, except that we may continue to store back-up copies of User Content.


Information and Functionality on the Site

The material that appears on this Site is for informational purposes only. Any reliance on the material on this Site is at your own risk. This Site may contain information provided by other users of the Site. Macmillan Learning will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of Macmillan Learning are not endorsed by us. Macmillan Learning does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this Site, users may provide information about themselves to other users. You understand that we do not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself.

We reserve the right to modify, add or remove content, features and/or functionality available through the Site in our sole discretion. However, in the case of Subscription Services, we will not remove any user-provided content associated with a user's account until termination of the applicable subscription period, unless we believe such content violates these Terms of Use.


Use of Materials From This Site

This Site and its contents, including but not limited to any Subscription Service available through the Site (if applicable, and all other tools, software, files, graphics and data (the "Materials") are the property of and owned by Macmillan Learning or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. Macmillan Learning grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Materials your own personal, non-commercial use; in the case of Subscription Services, such license is limited to the period of your subscription. You may not access this Site through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of this Site or any content or features on the Site are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on any Materials on this Site. If the functionality of the Site permits, you may also create and save bookmarks, highlights and annotations to content on the Site. Macmillan Learning does not purport to grant any rights to materials appearing on this Site that are not copyrighted in the name of Macmillan Learningor one of its divisions, including material submitted by any user of the Site, and does not make any representation or warranty of any kind concerning rights in such materials.

You agree that you will not make any use of the Materials except as expressly permitted by these Terms of Use, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any part of the Materials. Without limiting the generality of the foregoing, you agree not to use the Material for any commercial purpose, which includes, without limitation, (i) selling access to the Subscription Services or Materials on the Site, (ii) including any Materials in any website, widget or printed material to which access is sold, or (iii) using the Materials or Subscription Services on the Site for the purpose of earning revenue through subscriptions or advertisements.

No Framing. Without the prior written permission of Macmillan Learning, you may not frame or establish inline links to any Subscription Services or Materials which require registration to access, nor may you incorporate into another website or other product or service any intellectual property of Macmillan Learning or any of its licensors. Use of manual or automated devices or other processes to "crawl" or "spider" any part of this Site is strictly prohibited.


Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. Macmillan Learning does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this Site any content that violates any of the Usage Rules, below. Macmillan Learning is not responsible for how other users may use or share any materials that you submit that you, your teacher, and/or your school or school district make accessible to such other user.

If you are an instructor or student submitting materials for use in connection with your course/class, you grant Macmillan Learning and its affiliates the right to use, reproduce, distribute, display and perform such materials in connection with the course/class on this Site or any successor site. .

With respect to any materials you submit through this Site ("User Content"):

  1. You represent and warrant that: you own or otherwise control all necessary rights to grant the rights you grant hereunder; that the User Content is accurate; that you have not violated the section entitled "Usage Rules", below, and that, if you submit video content through this Site, you have written consent or permission of each identifiable individual in such content to use his/her name and likeness and grant the rights you grant in these Terms of Use.
  2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
  3. You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the Site without any prior notice to you.


Macmillan Learning shall not have any liability or responsibility for any User Content, including the loss, destruction or use by third parties of such User Content.


Usage Rules

In connection with your use of this Site, you agree:

  • Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to grant the rights in such materials you grant under the section entitled "Material You Submit", above;
  • Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
  • Not to make any personal attack on any person, firm or company;
  • Not to submit or create any link to material, or otherwise use this Site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
  • Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
  • Not to submit any material that you do not have the legal right to disclose;
  • Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;
  • Not to advertise or engage in any form of marketing on this Site or use user information obtained through this Site for marketing or other commercial purposes, or use this Site to post or transmit "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  • Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
  • Not to stalk or harass anyone;
  • Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this Site, or that would damage, compromise the security of, or disrupt this Site or any connected network;
  • Not to use this Site to collect personal information about individuals;
  • Not to modify, scrape, decode or reverse engineer any portion of the Site, or to use any data mining, gathering or extraction tool or automatic device to monitor or compile any portion of the Site or the content and data generated from it;
  • Not to post or make available private information of any third party;
  • Not to use this Site as a forwarding service to another website; and
  • Not to allow or support usage by others in such a way as to violate these Terms of Use.



Trademarks, Copyrights and Other Intellectual Property Rights

This Site features trademarks, service marks, logos and other forms of intellectual property that are the property of Macmillan Learning and its affiliates or licensors. The Site also may include trademarks, service marks, logos and other forms of intellectual property of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright and other intellectual property laws of the United States and other countries.


Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Macmillan Learning
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: General Counsel
e-mail:
Copyrightagent@macmillanusa.com

Please include all of the following in your notification:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the Site;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  5. 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; and
  6. 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 behalf of the owner of an exclusive right that is allegedly infringed.



Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this Site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing or editing content or terminating accounts. Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate accounts, as provided in the section entitled "Personal Registration for Subscription Services", above.


DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MACMILLAN LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MACMILLAN LEARNING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MACMILLAN LEARNING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY MATERIALS THAT YOU SUBMIT.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MACMILLAN LEARNING NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

UNDER NO CIRCUMSTANCES WILL MACMILLAN LEARNING OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification

You agree to indemnify, defend and hold harmless Macmillan Learning, its affiliates and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys' fees and disbursements) arising out of or resulting from (i) any violation of these Terms of Use, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys' fees and disbursements) arising out of or resulting from that disruption.


Links

This Site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.


Jurisdiction

Macmillan Learning is organized under the laws of the State of New York in the United States of America, and this Site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. By using this Site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. Macmillan Learning makes no representation that any portion of this Site or material accessed through this Site is appropriate or available for use in other locations. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and you are prohibited from using the Site and any related materials or services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.


Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.


Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Macmillan Learning with respect to use of the Sites and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of Macmillan Learning. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Any consent by Macmillan Learning to, or waiver of, a breach of a right, term or provision of these Terms of Use, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. Headings are for reference only. The use of and access to the Service is available only to individuals who can enter into legally binding contracts under applicable law.


How to Contact Us

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please e-mail us at Copyrightagent@Macmillanusa.com or write to us at:

Macmillan Learning

c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department







[1] Macmillan Learning is a group name for Bedford, Freeman &Worth Publishing Group, LLC (Bedford St. Martin's, WH Freeman and Company, and Worth Publishers), Sapling Learning, and Hayden-McNeil LLC, and is used herein to refer to each entity individually and collectively.
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About WriterKey

WriterKey® is an online application designed to improve the teaching, learning and assessment of writing across the curriculum. Our rich set of tools and features are part of a formative system for writing improvement. Explore the site to learn more.


Related Product:

    PublishKEY