Terms of Use - Aspen Learning Library

End User Terms of Use for the Aspen Learning Library

Updated 7/10/2023

NOTICE: ACCESS OR USE OF THIS ONLINE CONTENT SERVICE IS SUBJECT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS ONLINE CONTENT SERVICE.

The following terms of use govern access and use of this online content service, and the application, tools, online services and content materials provided therein (collectively, the “Online Services”). By browsing or otherwise using the Online Services you agree to be bound by these terms of use (“Terms”) for the benefit of Aspen OpCo, LLC d/b/a Aspen Publishing and its affiliates (collectively, “Aspen Publishing”).

Authorized Use; Restrictions. You may only use the Online Services for personal, non-commercial purposes in connection your research, scholarship, reference and informational activities (“Authorized Use”). The Authorized Use excludes, except to the extent expressly provided for in these Terms, the following: (i) redistribution, retransmission, publication, transfer or commercial or other exploitation of the materials from the Online Services, in whole or in part, including as part of a services bureau, time-sharing or other similar arrangement; (ii) reverse engineering, decompiling or modification of the Online Services, in whole or in part; and (iii) uploading, downloading, copying or redistributing the Online Services materials in their entirety or lengthy sequence, including, but not limited to, creating an archive of Online Services materials. Any access to, or attempt to access, for any reason areas of any computer system or other information thereon (except for the limited portions of the Online Services that you have expressly been provided access through a subscribing organization) is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Online Service or the content contained herein in whole or in part. You will not spam or send unsolicited e-mail to any other user of the Online Services for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of any Online Service. You agree that you will not take any action intended to impose an unreasonable or disproportionately large load on any infrastructure supporting this Online Service. You agree that to the extent Aspen Publishing provides you with access to any third-party services, applications, tools or content, such as third-party eReader software required to access the content materials (collectively, “Third Party Materials”), your access and use of the Third Party Materials may be subject to your acceptance of such third party’s terms and conditions for access and use of the Third Party Materials.

Copyright. All Online Service materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Aspen Publishing or its licensors, all rights reserved. Except for the Authorized Use or as expressly permitted in the Permissions paragraph below, you may not copy, modify or distribute any of the Online Service materials. You may not “mirror” any material contained on the Online Services on any other server. Any unauthorized use of any material contained on the Online Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Permissions. You may (i) make printouts of and distribute materials from the Online Services to the extent permitted under the "fair use" provisions of the Copyright Act of 1976 (17 U.S.C. Sec. 107), (ii) download, store and distribute insubstantial amounts of select materials from the Online Services (in machine-readable form), so long as such downloading, storing and distributing is consistent with the Authorized Use, and (iii) quote and excerpt insubstantial amounts of materials from the Online Services in work created by you in the ordinary course of, and consistent with, any Authorized Use. You shall comply with all applicable conventions regarding copyright and source of material attribution. If you wish to use the materials from the Online Services in any manner not expressly permitted by these Terms, you may request written permission from Aspen Publishing. Only an authorized representative of Aspen Publishing may grant such permission.

Right to Terminate. We reserve the right to suspend or terminate your access to any of the Online Services if you violate these Terms.

Warranty Disclaimers and Limitations of Liability.

THE ONLINE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ASPEN PUBLISHING AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ONLINE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY AND INFORMATIONAL CONTENT.

YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE PARTICULAR ONLINE SERVICES TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF THE ONLINE SERVICES OR ANY CONTENT ACCESSED THEREFROM, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS. ASPEN PUBLISHING AND ITS LICENSORS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES. IF LEGAL, ACCOUNTING, TAX OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

ASPEN PUBLISHING AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE ONLINE SERVICES, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THE MATERIALS ON THE ONLINE SERVICES OR ANY OTHER WEBSITE LINKED TO FROM THE ONLINE SERVICES. THE MATERIALS ON THE ONLINE SERVICES MAY BE OUT OF DATE, AND ASPEN PUBLISHING MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET; YOU ACKNOWLEDGE THAT ASPEN PUBLISHING AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET. ASPEN PUBLISHING DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE ONLINE SERVICES, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ASPEN PUBLISHING DOES NOT WARRANT THAT THE ONLINE SERVICES, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE ONLINE SERVICES, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

IN NO EVENT WILL ASPEN PUBLISHING AND ITS LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE ONLINE SERVICES, ANY WEBSITES LINKED TO THE ONLINE SERVICES, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH ONLINE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WHILE YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK, IF ANY COVERED PARTY SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ONLINE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE COVERED PARTIES FOR ANY AND ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, ASPEN PUBLISHING AND ITS LICENSORS WOULD NOT PROVIDE THE ONLINE SERVICE OR THE MATERIALS ACCESSIBLE HEREIN.

Your Materials; Security and Privacy

You grant us a worldwide, perpetual, royalty-free license to use, distribute, and display all notes and other materials that you may input into the Online Services in connection with our maintaining and supporting the Online Services and the materials available therefrom. You further agree that any materials that you may input into the Online Services are owned by you or you have the right to license such content to us without violating any third-party rights.

We value data security and privacy. However, only you are responsible for maintaining the confidentiality of any passwords or user IDs that may be assigned to access the Online Services. You are solely responsible for your activities using the Online Services. If you become aware of any unauthorized use of your password or your account, it is your responsibility to notify us promptly.

To review our privacy policy and understand what information we collect and how we use the information, click here.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

Certain materials on the Online Services are from third parties not within Aspen Publishing’s control. Aspen Publishing is under no obligation to, and does not, scan such third-party content used in connection with the Online Services for the inclusion of illegal or impermissible content. However, Aspen Publishing respects the copyright interests of others and, as a policy, does not knowingly permit materials herein that infringe another party’s copyright.

If you believe any materials on the Online Services infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and a statement of ownership of such work(s);
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law.

All DMCA notices should be sent to our designated agent as follows:

Designated Agent for Aspen Publishing
7201 McKinney Circle
Frederick, MD 21704
Email: lawdept@aspenpublishing.com

Aspen Publishing may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

Miscellaneous.

Aspen Publishing may revise these Terms from time to time without notice by updating these terms and publishing them through the Online Services. By using the Online Services, you agree to be bound by any such revisions.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, with the other provisions remaining in full force and effect. Aspen Publishing’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Aspen Publishing in writing. The provisions of these Terms shall operate for the benefit of, and may be enforced by, any person that has licensed to Aspen Publishing any of the materials in the Online Services.

These Terms will be governed by and construed in accordance with the laws of the State of Delaware notwithstanding any conflict of laws provisions. YOU, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ONLINE SERVICES.

Copyright and Trademark Notices.

Except as may be stated otherwise, content provided on this website and associated products and services are owned by us and/or our affiliates.

"Aspen Publishing" is a trademark of Aspen OpCo, LLC. All other trademarks of Aspen OpCo, LLC, including its logos, domain names, and trade dress are the property of Aspen OpCo, LLC and may not be used or displayed by any third party without our prior written consent. “Emanuel” and “Emanuel CrunchTime" are registered trademarks of Aspen OpCo, LLC. “Adobe” is a registered trademark of Adobe Systems Incorporated. All other brand, product or company names are trademarks or registered trademarks of their respective owners.

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