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Monthly Rental Membership Agreement
Last modified January 2020
This Agreement will apply after indicating your acceptance in any available checkbox, by placing an order and paying for the Services, and/or by registering to use and then using the Services. By accepting this Agreement, You affirm that You are at least 18 years of age, that You agree to this Agreement and You will comply with such terms in connection with Your use of the Services.
1. THE SERVICES. Pursuant to this Agreement, McGraw Hill grants You a non-exclusive, non-transferable revocable, limited license to access and view the McGraw Hill Content solely through the Solution, solely for Your personal non-commercial educational purposes, during the time you have an active membership account for Rent Monthly. Your access to the McGraw Hill Content through a Rent Monthly membership will continue and automatically renew until terminated. Your access is conditioned upon timely payment of Your Rent Monthly membership account fee. You will not have access to McGraw Hill Content beyond Your then-current paid period if Your membership is cancelled, allowed to lapse, or terminated for non-payment. Rent Monthly members may select their choice of eBooks from an available set of McGraw Hill Content for a monthly fee. The McGraw Hill Content available to Rent Monthly members will vary as we may add or remove eBooks from the available McGraw Hill Content and McGraw Hill makes no guarantees about the availability of any specific item of McGraw Hill Content. You may access a maximum of 1 eBook per month while maintaining an active Rent Monthly membership. If You have access to 1 eBook and desire to choose a different eBook, You must cancel Your access to that eBook and begin a new access period for a different eBook.
A. BILLING, AUTOMATIC RENEWAL. Rent Monthly members pre-pay on a monthly basis until the membership is cancelled. The current membership price and any materially different terms from those described to you in this Agreement will be disclosed to You upon initial registration or in other communications we provide. The monthly membership fee may change for a future term and the new amount will be shown before You renew. If You elect to purchase a Rent Monthly membership, You will be automatically charged each month for pre-payment of the monthly membership fee until your membership is canceled. Unless you cancel your Rent Monthly membership, You understand your Rent Monthly membership will automatically continue and You authorize us (without notice to you, unless required by applicable law) to collect the then-applicable membership fees and any taxes, using any payment method our third-party payment processor has on record for You. Cancellation after the billing date will not result in a refund or credit.
B. MEMBERSHIP CANCELATION. You may cancel your Rent Monthly membership at any time by emailing us here to initiate cancelation of a membership. When You cancel your Rent Monthly membership, You cancel only future charges associated with your membership. If You cancel your Rent Monthly membership in the middle of a billing cycle, you will not receive a refund of any membership fees already paid. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. When your membership is cancelled, we will allow You to access the McGraw Hill Content in Your account until Your most recently paid-up membership month ends, at which time we will terminate Your access to the McGraw Hill Content.
3. MCGRAW HILL USE OF USER DATA. McGraw Hill will establish and maintain reasonable procedures in accordance with its policies and practices and applicable privacy law to protect the confidentiality, security, and integrity of Your User Data received by McGraw Hill in connection with provision of the Services to You. You acknowledges and agree that McGraw Hill has the right to use the User Data collected in connection with provision of the Services for (a) the purposes of performing our obligations under this Agreement, and (b) for research purposes in connection with quality control and the development of revised or new products or services ("Research Purposes"), provided that such User Data will be used by McGraw Hill for Research Purposes only in the aggregate and so that the privacy of the individual's Personally Identifiable Information will be maintained.
4. LOCATION OF SERVICES. We own, control and operate the Services from our offices in the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Users who access the Services from outside the U.S. are responsible for compliance with local laws, if and to the extent local laws are applicable.
5. OWNERSHIP. No intellectual property rights of any kind are assigned or transferred to You under this Agreement. You are permitted to access and use the Services provided hereunder only as expressly set forth in this Agreement. You are not permitted and shall have no right to use the Services for any purpose other than as set forth herein. You shall not challenge, or assist any person or entity in challenging, McGraw Hill's right, title, and interest in the Services.
6. RESTRICTIONS ON USE. You shall not, and shall not permit others (including other Users) to: (a) create or enable the creation of derivative works, modifications, or adaptations of the Solution or McGraw Hill Content; (b) decompile, reverse engineer or disassemble the Services or any part thereof, (c) distribute or disclose the Services or any part thereof to third parties including other Users; (d) remove or modify any proprietary marking or restrictive legends placed on the Services or any part thereof; or (e) use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services or any part thereof. During the time You maintain a valid membership any eBook may be accessed on no more than three (3) devices by only one user at a time (i.e., no concurrent users allowed).
7. TERM AND TERMINATION. This Agreement shall remain in full force and effect unless and until terminated earlier as provided in this Agreement. In the event that You commit a material breach of this Agreement (including but not limited to non-payment), McGraw Hill may immediately terminate this Agreement, Your access to McGraw Hill Content, and/or Your account. We reserve the right to suspend or terminate the Services, and/or your use or access, with or without cause, at any time and without notice to You.
8. EFFECT OF TERMINATION OR EXPIRATION. Subject to our allowing You to access the McGraw Hill Content in Your account until Your most recently paid-up membership month ends as provided in this Agreement, your permission to use the Solution and McGraw Hill Content shall end immediately upon any termination or expiration of this Agreement or the Solution, and You shall immediately cease any use of the Solution or McGraw Hill Content upon such termination. This means that, among other things, except in the limited circumstances set forth above, You will no longer have access to any McGraw Hill Content to which you have purchased access through the Solution.
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMER. MCGRAW HILL DOES NOT WARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE SERVICES OR ANY OTHER MATERIALS PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL DEFECTS. MCGRAW HILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, MCGRAW HILL MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET THE REQUIREMENTS OF USER, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY MCGRAW HILL, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that McGraw Hill may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
10. LIABILITY. IN NO EVENT WILL MCGRAW HILL OR ITS LICENSORS OR SUPPLIERS 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 SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT 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 MATERIALS, 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.
11. INDEMNIFICATION. You agree to indemnify, defend and hold harmless us and our parent, affiliates, successors and assigns and their respective officers, employees and agents from and against any and all liabilities, claims, demands, losses, damages, costs and expenses, including reasonable attorneys' fees, related to or arising out of Your breach of this Agreement or Your access to, use, or misuse of 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.
12. MISCELLANEOUS. This Agreement is governed by the laws of the State of New York. The Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and commitments with respect thereto; provided, however, that if User has entered into a separate written agreement with McGraw Hill regarding the subject matter hereof, that agreement will supersede this Agreement to the extent of any conflict. There are no other oral or written understandings, terms or conditions with respect to the subject matter of the Agreement, and neither party has relied upon any representation, express or implied, not contained in the Agreement. The rights and remedies of the parties are cumulative and not alternative. No waiver of any rights is to be charged against any party unless such waiver is in writing signed by an authorized representative of the party so charged. Neither the failure nor any delay by any party in exercising any right, power, or privilege under the Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. No modification of or amendment to the Agreement will be effective unless in writing signed by authorized representatives of both parties. If any provision of the Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent. You may not assign or otherwise transfer any of your rights or obligations under the Agreement without the prior written consent of McGraw Hill, which consent McGraw Hill may grant or withhold in its sole and absolute discretion. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any purported or attempted assignment or other transfer or delegation in violation of this Section shall be null and void.