1.1 Welcome to the Dummies eLearning Center. We hope that you enjoy your learning experience and thank you for your business. These Terms and Conditions of Use (the "Agreement") govern your use of the Internet-based learning service provided through this site ("Service"). The Service consists of computing and information services and software, information, interactive forums and other content provided by John Wiley & Sons, Inc. and its affiliates ("Wiley"), its technology provider Snapwiz Inc. and its affiliates ("Snapwiz") and their third party licensors.
1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service, enrolling in a class, workshop or lab, downloading a tutorial, or by purchasing any of our products. Wiley and Snapwiz reserve the right, each in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.
1.3 If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. Wiley nor Snapwiz are not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.
1.4 This Agreement is the entire agreement relating to its subject matter between you and Wiley, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.
2. Grant of License:
Wiley grants you, as a registered subscriber, the right, with a standard web browsing program not supplied by Wiley or Snapwiz ("Browser") to use the Service and the information, software, photographs, audio and video clips, graphics and other material contained on the Service (collectively, the "Content") solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of Wiley and Snapwiz.
3. Use of Service Content:
3.1 You acknowledge that the Service and all Content are protected by copyright, trademark, (see by copyright, Trademarks and Copyrights or other proprietary rights of Wiley, Snapwiz, or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service. Wiley, the Wiley logo, For Dummies, the Dummies Man logo, Dummies.com, Making Everything Easier!, and all related trademarks, trade names, logos, characters, design, and trade dress are trademarks or registered trademarks of John Wiley & Sons, Inc. in the United States and other countries and may not be used without written permission. All other trademarks are the property of their respective owners.
3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.
3.3 You may download or copy the Content only for your own individual use as provided herein, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such Content.
3.4 You grant to Wiley and Snapwiz the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
4. Service Rules of Conduct:
5. Managing Content:
Neither Wiley nor Snapwiz reviews material submitted to the Service by subscribers ("Subscribers' Content") and is not responsible for such Subscribers' Content. However, Wiley and Snapwiz reserve the right to cancel your access to these areas and/or delete, move, modify, or edit any Subscribers' Content, including messages posted in any forum, that they may determine in their sole discretion, violates this Agreement. You are and shall remain solely responsible for all Subscribers' Content posted by you or by any other person using your account.
6. No Endorsement:
6.1 Neither Wiley nor Snapwiz represents or endorses the accuracy or reliability of any Subscribers' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service. Wiley and Snapwiz expressly disclaim any liability related to Subscribers' Content, and you acknowledge that any reliance by you upon such Subscriber Content shall be at your sole risk.
6.2 The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that neither Wiley nor Snapwiz is responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
7. Subscriber Qualifications:
7.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide with the Service with any updates to that information promptly after such changes occur.
7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.
7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.
7.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
8. Subscriber Information, Privacy:
9. Service and System Availability:
Snapwiz uses reasonable efforts to maximize system availability. Snapwiz shall make a reasonable effort to correct any technical difficulties which may arise with the Service. However, neither Wiley nor Snapwiz is responsible for any Service down time. Neither Wiley nor Snapwiz is responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software.
You hereby agree to indemnify, defend and hold harmless Wiley, Snapwiz, and all of their respective officers, directors, employees, owners, agents, information providers, affiliates, successors, assigns, and licensors (collectively, " Representatives") from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by them in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. Wiley and Snapwiz reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with their defense of such claim.
11. Termination of Service:
11.1 Wiley and Snapwiz reserve the right, in their sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid.
11.2 Wiley and Snapwiz may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
12. Disclaimer of Warrantees; Limitation of Liability:
12.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF WILEY, SNAPWIZ, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF WILEY, SNAPWIZ NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES WILEY, SNAPWIZ, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
12.2 NONE OF WILEY, SNAPWIZ, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WILEY, SNAPWIZ, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Third Party Rights:
The provisions of paragraphs 3, 4, 10, 12 and 16 are for the benefit of Wiley, Snapwiz, third party Content providers, and its and their respective employees, agents and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.
14. Secured Purchases on the Service:
Please refer to our safe purchasing guarantee for information.
This Agreement shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York County, New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 7, 8, 10, 11, 12, 13 and 16 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.
Trademarks and Copyrights on Snapwiz
Snapwiz is an independent provider of integrated e-learning solutions for publishers. Snapwiz and the Snapwiz logo are trademarks of Snapwiz Inc.
Trademarks and Other Intellectual Property Owned by Third Parties
The use of third party trademarks and of screen capture information in this site should not be construed to imply sponsorship or endorsement of any of this site's content by any third party, nor any affiliation with Snapwiz. Product or other names may be trademarks or registered trademarks of the owner/publisher. For information about trademarks and other intellectual property owned by certain third parties please consult the following links.
This list is believed to be accurate but may not be comprehensive; we disclaim any obligation to update this list, but we reserve the right to update it periodically. Please contact Technical Support with any comments or questions about other trademarks.
* Adobe Systems, Inc.
* Corel Corporation
* Cisco Systems, Inc.
* IBM Corporation/Lotus Development Corporation
* Mozilla Corporation
* Novell, Inc.
* Microsoft Corporation
* Oracle Corporation
* Sun Microsystems, Inc.
Privacy and Security Policy
This Policy guides how we collect and use information about subscribers to our online learning service. It does not extend to individuals that submit information to us outside of our online learning service. Please read this Policy in its entirety. By using this service, you consent to the data practices described in this Policy.
General Collection and Use of Information
In order to access our online learning service, we require that you provide us with your name, e-mail address, a username and a student-selected password. When purchasing products or services through our online store, we require that you provide us with your address and payment information to enable billing and shipping of the product or service you purchased. When seeking technical support, we request that you provide us with a phone number so that we can contact you directly concerning your particular support needs. You may provide to us, at your option, other personal information from various locations within our service, but none of this information is required in order for you to access our online service or to purchase products or services through our online store.
We also collect certain information about your computer hardware and software. This information may include: your IP address, browser type, operating system, domain name, access times and referring Web site addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the site.
We may disclose your personal information to any outside contractors, related companies and/or other companies that we use to ship products, provide technical support, handle order processing and/or otherwise act on our behalf for the purpose of providing products and services.
We may also disclose your personal information in the good faith belief that disclosure is necessary to resolve disputes, investigate problems, conform to the law or comply with legal process, protect and defend the rights, property, and safety of our company, its affiliates or partners, our and their respective employees and customers, or members of the public; or in connection with any sale of our company or any substantial portion of its assets.
Except as described in this Policy, we will not share any of your personal information (whether required or voluntarily provided) with a third party without your permission.
Information we collect may be stored and/or processed in the United States or in any other country where we or our affiliates, subsidiaries, or agents maintain facilities. By using the site, you consent to the transfer of information outside of your country. We abide by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
Changing Your Personal Information
We strive to keep your personal information accurate and up-to-date. Should you find inaccuracies in your personal information, please update your information using the "My Profile" menu available in the top right corner of any page.
We use an optional Cookie to store your login name. Cookies are small data files that are transferred from a Web server to your browser. These files contain information that may later be read back by the Web server for record keeping purposes. Cookies provide you the ability to re-enter the service without retyping your password. While Cookies allow for simpler access to our service, you may access our service without them. If you desire, most Internet browsers allow you to erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored.
We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers located in controlled facilities to which access is limited. Additionally, when we transmit sensitive data, such as your credit card number, over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Notification of Changes
To make inquiries or complaints regarding this Policy or our practices, you may contact us at email@example.com.
Safe Purchasing Guarantee
Our Safe Ordering Guarantee aims to protect you and to alleviate any worries of using your credit card to make purchases of products and services online.