IMPORTANT - READ CAREFULLY: These Terms and Conditions of Use (the "Terms") are a legal contract between you (the "User") and Aplia ("Aplia") for the use of this Aplia website (the "Website") for educational and informational purposes. The use of this Website is conditional upon your acceptance without modification of the Terms.
BY CHECKING THE ACCEPTANCE BOX ON THE REGISTRATION SCREEN OR OTHERWISE USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE AND EXIT NOW.
General Refund Policy
Refunds are granted automatically when a course that uses the Aplia website (a "Course") is cancelled by the university or institution. Otherwise, the User is entitled to receive a 100% refund of any payment made for a Course by so requesting during the original grace period following the start of the Course. The length of the grace period is two days for each week in the course with a maximum of three weeks. There is no grace period for courses less than one week in duration or containing only experiments. Contact Aplia Support or write to Cengage Learning, 10650 Toebben Drive, Independence, KY 41051 USA, to request a refund.
Requests for refunds must be submitted by e-mail or letter and received by Aplia within the stipulated time period. The postmarked date or the date the e-mail is received is considered the request date and any refund due is based on that date. Notifying an instructor or sponsoring agency does not constitute an official request for a refund. No refunds are granted after the end of the grace period of the Course.
Refund Policy for Courses with Payment Codes
If you purchased an Aplia Payment Code that entitles you to a credit toward a future Aplia course, this credit will automatically be applied when you enroll in your next Aplia course.
If you withdraw from the course in which your credit was applied before the payment grace period expires, you can apply this credit toward another Aplia course. If you withdraw from the course in which your credit was applied after the payment grace period expires, your credit cannot be applied to another Aplia course. To withdraw from your course, you must sign into your Aplia account and click on the My Account tab. Then, click on My Courses and click the Withdraw button to remove yourself from the course.
Aplia Payment Codes can only be applied to Aplia courses that correspond with the textbook the Payment Code was originally created for.
No refunds are issued for courses paid for with a Payment Code under any circumstances.
Refund Policy for Textbooks
Refunds or exchanges are only available for non-electronically delivered products within 30 days of purchase. Returns must be in saleable condition and sent via a prepaid method to Cengage Learning at the following address: Cengage Learning, 10650 Toebben Drive, Independence, KY 41051.
General Use Restrictions
All information, documents, products, software, and services ("the Materials") provided on this Website are the copyrighted work of Aplia and/or its third party providers. The User may not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any of the Materials. No part of this Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way. The User may not "mirror" or copy in any manner any Material contained on this Website on any other server. The Materials may be retrieved solely for personal, non-commercial, academic use and may be downloaded to a hard disk or sent to a printer solely for that purpose.
Except as expressly set forth in the Terms, User has no right, title or interest in or to any Aplia or third party provider intellectual property, including without limitation, the Website (including all upgrades or other versions of the Website), and all such right, title and interest shall remain exclusively with Aplia or the applicable third party provider. Nothing herein shall grant User any right, title or interest in the registered or non-registered trademarks or trade names of Aplia. Other product and company names mentioned herein or through use of the Website may be trademarks and/or service marks of their respective owners.
User agrees and acknowledges that the User's right as a student to use and access the Website with respect to any specific Course shall terminate either upon cancellation of such Course or upon 14 days after the date such Course ends (such end date to be established by the instructor teaching the Course).
Aplia reserves a weekly maintenance window for four hours each weekend from Midnight Pacific Time (GMT-8:00) on Friday night until 4:00 AM Pacific Time on Saturday morning. During this time, the Website may be unavailable to Users.
Links to Third Party Websites
This Website may contain links to websites operated by parties other than Aplia. Such links are provided for the convenience of the User only and Aplia is not responsible for the content of any such third party website. Inclusion of these links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
No Unlawful or Prohibited Use
User agrees to abide by all applicable laws, treaties and regulations in connection with accessing and using the Website, including, but not limited to, intellectual property laws applicable to Website, content delivered through or made available by the Website, and any other information or materials owned or controlled by any third party that is accessed directly or indirectly by the user through the Website. In addition, without limitation, the User agrees not to use the Website or information from the Website to: (i) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iii) transmit through or post on the Website unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (iv) "stalk" or otherwise harass another; (v) transmit or use in any way any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (vi) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots; (vii) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (viii) attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (ix) interfere with another user's access, use and enjoyment of the Website.
Use of Online Forums
If this Website contains bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Online Forums"), the User agrees to use the Online Forums only to send and receive messages and material that are proper and related to the particular Forum.
Aplia reserves the right to terminate the User's access to any or all of the Online Forums at any time without notice for any reason whatsoever.
Aplia has no obligation to monitor the Online Forums. However, Aplia reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Aplia's sole discretion.
The User acknowledges that all Online Forums are public and not private communications, and therefore that his/her communications may be read by others without his/her knowledge. Aplia does not control or endorse the content, messages or information found in any Online Forum and, therefore, Aplia specifically disclaims any liability with regard to the Online Forums and any actions resulting from the User's participation in any Online Forum. Online Forum administrators are not authorized Aplia spokespersons, and their views do not necessarily reflect those of Aplia.
Any materials or other information, including, without limitation, ideas, concepts or techniques for new or improved services and products (any such new or improved service and/or product is referred to herein as a "New Idea"), provided by the User in connection with this Website shall be deemed to be provided on an unrestricted and non-confidential basis. Upon providing any New Idea in connection with this Website, the User automatically grants Aplia and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the New Idea for any and all purposes. Any copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and/or trade secrets (collectively, "Inventions") conceived, made or discovered by the User independent from use of this Website shall remain the property of the User; provided, however, that any derivative works based on any material or information provided by Aplia ("Derivative Works") and/or any Inventions, copyrights, patents, mask work rights or other intellectual property rights arising out of or related to material or information provided by Aplia ("Aplia IP") shall be and remain the property of Aplia. User further agrees to assign (or cause to be assigned), as necessary, and does hereby assign fully to Aplia all Aplia IP and all Derivative Works. The User acknowledges that he/she has full responsibility for the materials that they submit, including their legality, reliability, appropriateness, originality and copyright and represents and warrants that the User has the legal right to grant the aforementioned license to Aplia.
Software Available on this Website
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATED TO THE WEBSITE AND ANY APPLICABLE SOFTWARE, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Disclaimer of Warranty
THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APLIA MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, RELIABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS.
Limitation of Liability
This Website could include inaccuracies or typographical errors. Aplia and its third party providers may make improvements and/or changes to the Materials on this Website at any time without notice. Changes are periodically made to this Website. Advice received via this Website should not be relied upon for personal, medical, legal or financial decisions and the User should consult an appropriate professional for specific advice tailored to his/her situation.
IN NO EVENT SHALL APLIA AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY MATERIALS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF APLIA OR ANY OF ITS THIRD PARTY PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Contact Support with any questions relating to this Website.
Aplia operates this Website from within the United States of America. The User acknowledges and agrees that the Materials are subject to applicable export control laws and regulations of the USA. The User agrees not to export or re-export the Materials, directly or indirectly, to any countries that are subject to USA export restrictions.
Aplia reserves the right to deny in its sole discretion any User access to this Website or any portion thereof without notice.
Modification of the Terms
Aplia reserves the right to change the Terms under which this Website is offered.
Copyright 2001-2013 by Aplia, 20 Davis Drive, Belmont, CA 94002 USA. All Rights Reserved.
User may not assign, without the prior written consent of Aplia, User's rights, duties, nor the obligations arising under these Terms to any person or entity or affiliate, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, bankruptcy, operation of law or otherwise, and any such attempted assignment or transfer shall be void and without effect. Aplia may assign this Agreement.
Any action related to these Terms will be governed exclusively by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Use of this Website is unauthorized in any jurisdiction that does not give effect to all the provisions of these Terms, including without limitation this paragraph. These Terms represent the entire agreement relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional, communications. In the event that any of the provisions contained in the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Aplia can revise these Terms at any time without notice by updating this posting and the User agrees that any such revised Terms shall be in full force and effect.
Updated: April, 2009