Terms of Use | bartleby

SERVICE TERMS

Previous Service Terms (here)

Bartleby, Student Brands, and affiliated sites that link to and reference these service-specific terms (together, the “Services”) are operated by Learneo and/or its subsidiaries (“We” or "Us”).

These service-specific terms (the “Service Terms”) and the Learneo Terms of Services (together, the “Terms”) apply to your use and access to Services. Please read the Terms carefully. By agreeing to the Terms, you expressly acknowledge that you understand the Terms and accept them all. The Terms govern any User, regardless of whether you are a registered user or a guest. If you do not agree to all the Terms, you may not use or access the Services in any manner.

In addition, by using or accessing the Services, you also acknowledge that you have read and understand the data practices described in our Privacy Policy (“Privacy Policy”).

IF YOU BECOME A PAID SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT TAKE CERTAIN STEPS. SEE SECTION “AUTOMATIC RENEWALS” FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO PAID SUBSCRIPTIONS.

PLEASE BE ADVISED: THE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND US HAVE AGAINST EACH OTHER CAN BE BROUGHT.

1.DEFINITIONS.

For the purposes of these Service Terms:

“User” means anyone who accesses, interacts with, uses, and/or registers for our Services, including, without limitation, visitors, customers, students, other users, and where applicable, tutors/experts, and/or educators. “User” shall include any free user, paid user, and trial user.

"Tutor" or “Expert” means experts in a subject area and anyone who provides answers, online courses, instruction, tutoring, or other learning services through our Services.

“User Content” means the materials displayed, performed, or available on or through the Services, including, but not limited to, text, audio, videos, graphics, data, articles, photos, images, illustrations, course materials, class notes, flash cards, questions, messages, comments, Tutor Answers or Expert Q&A (defined below), and other material and so forth that have been submitted, uploaded, or posted by other Users.

“Our Content” means any material, including text, images, videos, software, designs, documents, and other media, that is created or produced, owned, and controlled by Us that We hold exclusive intellectual property and usage rights to. This may include, but is not limited to, literature guides, writing guides, concept explainers, or textbook question explanations.

“Expert Answers” means, for the Services where offered and available, the explanations provided by a Tutor or Expert in response to a User’s submitted question.

2.CHANGES TO THE TERMS OR SERVICES.

a.Changes to the Terms.

We are constantly trying to improve our Services, so the Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if We make any material changes, We will place a notice on the website where the applicable Services are provided, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you continue to use the Services in any way after a change to the Terms is effective, that means you agree to and accept all the changes.

b.Changes to the Services.

To the maximum extent permitted by applicable law, We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and We will not be liable for doing so.

3.WHAT ARE THE BASICS OF USING THE SERVICES (APPLICABLE TO ALL USERS)?

a.Registration and Security.

We provide a variety of Services designed to help Users write, study, research and learn. To use some aspects of the Services, you may be required to sign up for an account and select a password and username (“User ID”). You may only create one account with Us. If you are accessing the Services through a third-party site or service, We may require that your User ID be the same as your username for such third-party site or service.

b.Your Rights to Access and Use the Services.

Your right to access and use the Services, Our Content, and any User Content provided through the Services is subject to your strict compliance with the Terms and any applicable Additional Terms. These rights are limited, personal, non-exclusive, non-transferable, and revocable by Us at any time in our sole discretion without advanced notice or liability.

c.Permitted Use.

You will only use the Services, Our Content, and the User Content, for your own educational, non-commercial and personal use (and unless otherwise permitted by Us in writing, not on behalf of or for the benefit of any third-party), and only in a manner that complies with these Terms and all laws, rules (government, school, or otherwise), and regulations (collectively “Applicable Laws”) that apply to you. You may not resell or make any commercial use of the Services or any content therein.

d.Additional Terms; Privacy Policy, Learneo Terms of Service, Tutor Terms, and Additional Policies.

i.Privacy Policy.

We collect and use your personal information in order to provide the Services. We encourage you to read our Privacy Policy to find out more about our privacy practices and to exercise your rights with respect to your personal information.

ii.Learneo Terms of Service.

The Learneo Terms of Service is incorporated herein by reference and apply to your use of all Learneo Services. In the event of a conflict between these Service Terms and the Learneo Terms of Service, these Service Terms shall govern with respect to your use of the Services only.

iii.Additional Policies.

The additional Learneo policies (“Additional Policies”) linked below also apply to your use of the Services.

a. Learneo Copyright Policy

b. Learneo Community Guidelines

c. Learneo Honor Code

e.Ownership of Our Content and the Services.

i.Our Content and the Services.

We own Our Content and the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in the Terms), create derivative works based on, or otherwise exploit any of the Services or Our Content. We grant you a license to use or access the Services and Our Content for your personal, non-commercial purposes. Except for the licenses explicitly granted herein and your rights in your User Content, We reserve all other rights (including intellectual property rights) in the Services and Our Content.

ii.

Any content you access through the Services, including Our Content and other User Content that you access through the Services is licensed, not sold or assigned to you, regardless of the use of the term “purchase” herein.

f.User Content You Submit; User Content Moderation; Content Recommendations; and Protection of User Content.

i.Submitting User Content.

We may now, or in the future, offer Users the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to Us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) your User Content through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, subscription services, gameplay, social communities, contact us tools, email, and other communications functionality.

ii.Submitting User Content through the Expert Q&A Services.

Any User Content (including chat messages, links, video, photo, audio or other media content) that you submit in connection with Expert Q&A Services (defined below) may be made publicly available through Leaneo’s library of searchable content, including that of any of its affiliates and subsidiaries. Unless otherwise stated in any applicable Additional Terms, such User Content is not private and may be accessible by anyone, including Learneo. We encourage you to not include any personally identifiable information in any User Content you submit to Learneo, the Experts, or any other third parties in relation to the Expert Q&A Services, and to exercise caution when making decisions about what you disclose when using our Services in general.

iii.User Content Moderation.

For Services that allow Users to submit User Content, We reserve the right to remove User Content that violates the Terms, which includes our policies and guidelines. For instance, we use automated systems to identify and filter out certain User Content that violates our policies and/or guidelines. If the system does not detect any obvious signs of a violation, the respective User Content will be available online.

iv.Content Recommendations.

To the extent that our Services provides any recommendations of content, including User Content or Learneo Content, our Services uses machine learning algorithms to recommend the content to Users to help them study better. These recommendations are based on data about the content, e.g., the content’s engagement data (based on, e.g., user traffic), relatedness of content (e.g., based on a User’s search terms), etc. Our Services may change how they recommend any content to Users. See section titled “Changes to the Terms or Services” for more information.

v.Protection of User Content.

The User Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in any User Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any User Content not owned by you (i) without the prior written consent of the owner of that User Content or (ii) in any way that violates someone else’s (including Learneo’s) rights.

4.USING EXPERT Q&A SERVICES AND TERMS APPLICABLE TO USERS ACCESSING OR USING THE EXPERT Q&A SERVICES.

a.Expert Q&A Services.

We may facilitate, at our discretion, as part of our Services access to Experts who teach online courses or provide instructional materials and/or tutoring (“Expert Q&A Services”). When applying, Experts go through a tutor screening process by Us, as detailed (here), but are not employees or agents of Us and their performance is not guaranteed by Us. We solely facilitate the transaction between you and the Expert. We are not involved in the conversation between you and Expert and We do not refer you to, endorse, or recommend particular Expert.

b.Expert Answers.

We aren’t responsible for reviewing Expert Answers for accuracy, reliability, or appropriateness, nor are We responsible or liable for any interactions between Users and Expert.

c.Additional Terms for Using the Expert Q&A Services.

For more information about our Expert Q&A Services, please see our Expert Q&A Frequently Asked Questions (“Expert FAQs”).

5.OTHER IMPORTANT TERMS.

a.Artificial Intelligence Features on the Services.

We may use artificial intelligence (“AI”) services to provide some of the AI features as part of the Services. AI-generated output that appears in the Services is not created or reviewed by humans and may be provided via third-party services. Such output may be inaccurate or offensive and does not represent our view. In accordance with the Warranty Disclaimer section of the Learneo Terms of Service, We are not responsible for any AI-generated content that is inaccurate, false, or inappropriate. If you would like to flag inaccurate or offensive AI-generated content, you may do so directly through the relevant Service or by contacting Us. To report potentially infringing content, refer to the Section titled: “Notice and Take Down Procedure for Claims of Infringement”.

b.Category of Users: Free Users, Paid Users and Trial Users.

We may offer access to our Services as a free user or a paid user and in some limited cases, as a trial user.

i.Free User.

A free user is a User that uses or accesses the Services but has not purchased a subscription package or, if applicable and offered, other Service offerings made available by us. Free users will have limited and restricted access to the Services unless they purchase a subscription package or other Service Offering or, if offered as part of our Services, upload User Content for access, limited to and in accordance with the level of access described at the point of upload.

ii.Paid User.

A paid user is a User that creates an account and purchases a subscription package or, if applicable and offered, other Service offering. The levels, benefits, and pricing of each offering or level of subscription may vary and are subject to change at any time, so please read the terms of any specific level of subscription or offering before accepting the terms and making the purchase.

iii.Trial User.

If offered as part of the Services, a trial user is a User that agrees to participate in a limited trial offer, such as, but not limited to, a time-limited trial subscription period, that grants the trial user temporary access to certain features of the Services, limited to and in accordance with the level of access described in the trial terms presented to the User when accepting the trial offer and starting the trial. At the end of the trial period, the trial user will either revert to free user status or become a paid user if they purchased a subscription package, in accordance with the trial terms for each specific trial offered, so please carefully read the additional terms of any trial before accepting.

c.Subscriptions; Purchases; Refunds; and Taxes.

In order to access certain features of the Services, you may be required to make a purchase or enter into a paid subscription.

i.Additional Terms Related to Any Transaction.

Any deal terms or trial offer terms presented to you at the time of subscription, purchase, trial offer, or other transaction you conduct on or initiate on the Services (“Transaction”) shall be considered Additional Terms.

ii.Paid Subscriptions or Other Purchases.

If you decide to purchase a subscription or make any other purchase on the Services, you will be required to make an upfront payment and will be immediately charged to the credit or debit card (or other payment method you select on the Services as your primary payment method) the amount based on the purchase you elect to make. We will charge you online for any purchases you make through the account you created to use the Services. If you purchase a subscription package, you will be charged the full subscription package fee immediately upfront, based on the subscription package you elect, unless otherwise provided in additional terms presented at the time you purchase the subscription package, and subsequent payments will be automatically taken from the same payment method. If applicable, if you purchase a subscription package as part of a trial offer, you will be charged for your subscription package upfront on the first day that the paid subscription term begins, unless otherwise stated in the applicable trial terms. The length of the subscription and the frequency at which payment will be made will be selected by you when you subscribe to paid access or, if applicable, as part of your trial.

iii.Changes to Subscription Prices.

We may change the subscription price from time to time, such as, but not limited to, by offering discounts or coupons for promotional purposes, at our sole discretion, but will notify you, by email or some other means, in the event of a price increase before your subscription renews.

iv.Online Payments For Your Purchases.

You should be aware that online payment transactions are subject to validation checks by your card or payment issuer, and We are not responsible if your card or payment issuer declines to authorize payment for any reason. Please note that it is possible that your card or payment issuer may charge you an online handling fee or processing fee. We are not responsible for this. You agree to make payment using the payment method you selected and will only provide Us information about payment methods that you are authorized to use. You are responsible for maintaining the accuracy of the information that We have on file, and you consent to Us updating such stored information from time to time based on information provided by you, your bank or payment service processors.

v.Automatic Renewals.

If you pay for a subscription by credit or debit card (or other payment method you select as your primary payment method on the Services as involving an automatically renewing subscription) and you do not cancel your subscription before the subscription term end date, your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected (for example, unless you cancel, a one-month subscription will automatically renew on a monthly basis). Unless otherwise indicated in any applicable additional terms, such as but not limited to any applicable trial terms or the communications We send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless We notify you before the end of your current term that the subscription fee will increase. You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals, and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.

vi.Refunds.

All payments are final and no refunds will be issued except: (a) for those refunds issued under our Money Back Guarantee; (b) as otherwise provided in the Terms; (c) as required by applicable law; or (d) as otherwise described by Us in additional terms when a User initially makes a purchase. Subject to the provisions herein, unused Tutor Questions, unused unlocks, and any other unused features or parts of the Services, including those that may be offered as part of a free trial, or parts of the Services, if applicable, expire upon the expiration or cancellation of the applicable subscription package and cannot be redeemed for cash. For any billing related questions in regards to payment, please contact Customer Support Team.

vii.Taxes.

Some Transactions may be subject to taxes in certain jurisdictions. Depending on your location and the nature of the product or Services you receive from Us, this may be a sales tax and/or use tax. Tax rates are different based on jurisdiction. You are responsible for paying all such taxes.

viii.

For more details on pricing, payment, refunds, and what is included in the different levels of access, please see our Frequently Asked Questions.

d.Disputes and Chargebacks.

i.

If you file a dispute or chargeback for a transaction made for our Services with your financial institution, We reserve the right to terminate the provision of the Services pending the resolution of the dispute or chargeback with the financial institution and We will not be able to offer you a refund. If your account is terminated, you will be banned from subscribing again. If you have a concern about billing, you are encouraged to reach out to Us prior to filing a dispute or chargeback.

e.THIRD-PARTY SERVICES

i.Third-Party Services.

There may be links from the Services, or from communications you receive from the Services, or other connections to third-party websites, services, tools, APIs or other online features (the "Third-Party Services"). The Services may also include third-party content that We do not control, maintain, endorse or assume any responsibility for. You may be subject to the terms and conditions and privacy policies of such Third-Party Services which may be publicly posted on that third-party’s website(s).

ii.Mobile Applications.

If you are accessing or using the Services through Apple, Android, or any other mobile operating system platform (“apps”), these are Third-Party Services. If you access our apps via Apple, see below for Additional Terms that are applicable to you and are incorporated into the Terms by this reference.

1.

Additional Terms applicable for Apple IOS. As part of our Services, We may offer an application to parts of our Services via the Apple App Store. The Terms apply to your use of the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and Us acknowledge that the Terms are concluded between you and Us only, and not with Apple, and that Apple is not responsible for the Application or the content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that We, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, We, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Us acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use; and
Both you and Us acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms, and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as the third-party beneficiary hereof.

f.Text Messages.

i.

Certain Services provided by Learneo may offer text messaging programs. You may be given opportunities to subscribe to various text marketing or other text messaging programs, and by doing so you consent to receive ongoing text alerts (including by auto-dialers) from Us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or Services aside from the text subscription itself. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.

ii.

By participating in any text messaging program offered through a Service, you are agreeing to receive recurring text messages for marketing purposes sent to the mobile number you provided when you opted into such Service’s text messaging program. Message frequency varies. Except for the purchase of premium text programs to which you subscribe for a fee (to the extent such programs are offered), your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. If you wish to opt-out of receiving further text messages from a Service, please reply STOP to any text message you received from the Service to unsubscribe. Standard carrier message and data rates may apply, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Carriers are not liable for delayed or undelivered messages. Contact your carrier for details.

iii.

Alerts auto-renew unless otherwise specified when you consented. You understand that We will send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported.

iv.

We are the sponsor of our text messages and may be contacted regarding them at customercare@bartleby.com.

g.NOTICE AND TAKE DOWN PROCEDURE FOR CLAIMS OF INFRINGEMENT

We can be requested to take down any content that breaches someone’s copyright. For example, in the United States of America, under the Digital Millennium Copyright Act, as it relates to online service providers, like Us, We may be asked to remove material that allegedly violates someone’s copyright. If you are a copyright owner who would like to send Us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a User whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to Us. We respect others’ intellectual property rights, and We reserve the right to delete or disable access to content alleged to be infringing and to terminate accounts of repeat alleged infringers. To review our Copyright Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

h.TERMINATION BY YOU

You are free to stop using the Services at any time.

i.Unregistered Users.

If you are not a registered User and do not have an account, you may terminate the Terms by ceasing all use of the Services.

ii.Registered Users.

If you have an account on any of the platforms listed herein and you would like to stop using such Services, you’re free to stop at any time by logging into your account on that platform and clicking the "Delete Account" option in your Account Settings.

iii.Effect of Termination.

If you delete your account:

Your account will be removed from the respective platform, but your User Content will remain in accordance with the license to your User Content that you grant Us, our service providers and other Users under the Terms;
We will not be able to provide you with Services for that respective platform, and you will no longer receive emails from Us; and
You will not be able to use the email address associated with your account with that platform again.

i.Canceling or Pausing Your Subscription.

For more information on how to cancel or pause your subscription, please review our Frequently Asked Questions (here).

j.CONTACT INFORMATION

The Services as provided by Learneo, Inc., a Delaware corporation located at:

2000 Seaport Blvd., 3rd Floor, Redwood City, CA 94063, United States of America

Phone number: +1(888) 634- 9397

If you have any questions, comments, or concerns regarding these Service Terms or the Services, you can contact our Customer Support Team at: customercare@bartleby.com.