Heinemann: Terms of Use

These Heinemann World Wide Web pages (www.heinemann.com, books.heinemann.com, firsthand.heinemann.com, pd.heinemann.com, www.heinemanndrama.com, www.boyntoncook.com) are intended primarily to provide high quality resources to librarians, students, teachers, and parents of students using Heinemann print publications. These resources will extend, enrich, enhance, and diversify learning.

Acceptance of Terms of Use

Please read these terms and conditions carefully before using our web resources. By accessing and using Our Website you indicate your agreement to these terms and conditions. If you do not accept these terms and conditions, please do not use Our Website.

Electronic Communications

When you visit Our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Account

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Our Website only with involvement of a parent or guardian. Heinemann reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.

Risk of Loss

All items purchased from Our Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Copyright and Proprietary Rights

Our Website is the property of Heinemann and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in Our Website and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Heinemann at Our Website are reserved to Heinemann and its licensors.

You may not reproduce, upload, post, transmit, download or distribute any part of the Heinemann Information or information accessed at other sites through links made at this web site ("Other Sites") without permission in writing from Heinemann. You may not alter, re-publish, distribute, sell, broadcast, retransmit, circulate or link to any page or pages, in part or in whole, or any material residing on this web site or Other Sites without written permission from Heinemann. Uploading, posting or transmitting any illegal, obscene, offensive, gambling or otherwise inappropriate material to Our Website is strictly prohibited.

You shall observe copyright and other restrictions imposed by Other Sites. You may not use Our Website or Other Sites in any manner that infringes the rights of any person or entity.

Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by Heinemann should be inferred. You may not use a page or pages from Our Website in any manner that suggests affiliation or endorsement of any product service, opinion, or cause.

Links from Our Website to Other Sites

Links to Other Sites appear within Our Website. These links have been established to offer additional resources on subjects you find of interest on The Parent Store. In some instances, such links are a result of cooperative projects with organizations that own, operate, or maintain the Other Sites.

Heinemann has no control over content that appears on Other Sites. Such content is subject to change and/or elimination, and Heinemann assumes no responsibility for content, including factual errors and continuing availability, that appears on Other Sites.

Destructive Devices

It is your responsibility to take precautions to ensure that your computer and/or network is protected from viruses, worms, Trojan horses, or any other devices with destructive intent that may reside on other sites. In no event will Heinemann be liable for any consequential damages to you, direct or indirect, from the use of Our Website or the Other Sites.

Modification of Terms of Use

Heinemann reserves the right to change, modify, add, or remove portions of these terms and conditions at any time. Please review these terms and conditions periodically for changes. Your continued use of Our Website following the posting of changes to these terms and conditions will mean you accept all such changes.

Exclusion of Warranties

NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO OUR WEBSITE. HEINEMANN DOES NOT WARRANT THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR WEBSITE OR THE SERVERS MAKING MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEINEMANN EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEINEMANN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

Choice of Law, Jurisdiction and Venue

Our Website is operated from the offices of Heinemann in the State of New Hampshire, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without reference to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or Federal courts located in Rockingham County, New Hampshire. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.

Compliance with Laws

Heinemann endeavors to ensure that Our Website complies with the requirements of United States laws as well as the foreign laws of any country where it is intended for Our Website to be viewed. In the event that a foreign country's law may not be fully satisfied, then Heinemann shall be deemed not to be directing Our Website to that particular country.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HEINEMANN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR MATERIALS OR FUNCTIONS ON OUR WEBSITE, EVEN IF GREENWOOD HEINEMANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, HEINEMANN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PARENT STORE.

Limitation of Claims

Any action on any claim against Heinemann must be brought by the user within one (1) year following the date the claim first accrued, or it shall be deemed waived.

General Provisions

If any of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties and may not be modified except in writing signed by both parties.

Terms of Use of Heinemann Affiliated Companies

Due to the diverse nature of Heinemann businesses, companies within the Heinemann family may have different terms and conditions. In such cases, the terms and conditions of use of the particular Heinemann company will be posted, and will supersede the provisions of this document in the event of a conflict.