These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”). To review the Terms of Service for such Digital Content, click here.
1. LICENSES AND RESTRICTIONS
1.1 Licenses. New Heights learning grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship withNew Heights learning documented in a separate agreement) of the New Heights learning Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. New Heights learning further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the New Heights learning Services so long as the link does not portray New Heights learning, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
(a) modify, download (other than page caching), reproduce, copy, or resell theNew Heights learning Services, the Content or any portion or derivative thereof;
(b) commercially use the New Heights learning Services, the Content or any portion derivative thereof (unless User has a business relationship with New Heights learning, in which case such commercial use will be governed by the terms applicable to such business relationship);
(c) copy or download any User’s account or profile information for the benefit of any third party;
(d) enable high volume, automated, electronic processes that apply to the New Heights learning Services or its systems, the Content or any portion or derivative thereof;
(e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the New Heights learning Services or its systems, the Content or any portion or derivative thereof for any purpose;
(f) interfere or attempt to interfere with the proper working of the New Heights learning Services;
(g) bypass any measures used by New Heights learning to prevent or restrict access to any portion of the New Heights learning, the Content or any portion or derivative thereof;
(h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of New Heights learning;
(i) use New Heights learning’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
(j) compile, repackage, disseminate or otherwise use data extracted from the New Heights learning Services.
The foregoing are expressly prohibited and the right to do any of the foregoing shall require New Heights learning’s express written consent (which may include a written agreement signed by an authorized representative of New Heights learning). Any unauthorized use of the New Heights learning Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by New Heights learning.
2.1 Prices. The price for an item on the New Heights learning Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the New Heights learning Services. If the price for the item on the New Heights learning Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of New Heights learning , New Heights learning may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by New Heights learning. Any purchases from any third-party sellers on the New Heights learning Services may be subject to different policies in the event of an incorrectly priced item.
3. RISK OF LOSS
The risk of loss and title for all items purchased via theNew Heights learning Services pass to the User upon delivery of the item to the carrier.
4. PRODUCT DESCRIPTION
The items offered for sale on the New Heights learning Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. New Heights learning does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM New Heights learning THAT IS NOT AS DESCRIBED IN THE New Heights learning SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
5. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use New Heights learning websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the New Heights learning websites, we will remove that information as soon as possible.
6. TERMINATION OF USAGE
8.2 Restricted Users. In certain cases, in Barnes & Noble’s sole discretion, Barnes & Noble may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Barnes & Noble Services has been terminated, including the right to use, access or create any account thereon; (ii) that Barnes & Noble refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.