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Last updated March 18, 2019
Welcome! The following terms govern your use of this website (“Site”), applications and related services (collectively, the “Service”). “You” and “Your” refer to the person or entity that accesses or uses the Services as the end user, and “Bartleby,” "we" or "us" refers to Bartleby.com and its owner, and corporate affiliates.
BY SIGNING UP OR ACCESSING OR USING THE SERVICE, YOU HEREBY AGREE TO THESE TERMS ("AGREEMENT" OR "TERMS") AND TO RESOLVE DISPUTES BY ARBITRATION.
In order to sign up for a membership, you must:
We reserve the right to refuse service or to any user and to change eligibility requirements at any time. We may refuse the use of any Login that we determine is unacceptable. Only one user is permitted per Login and Membership Account.
You are responsible for the following:
You are required to keep your Login strictly confidential. You may not share your Login credentials with anyone else, or allow other users to access the Service through your Login or Membership Account. You agree to notify us immediately if any breach of security, theft or loss of login, or unauthorized access to your Membership Account or disclosure of your Login information occurs. You will remain liable for unauthorized use of the Service until we are notified of the security breach by email or telephone.
All content on the Site, or otherwise made available via the Site, including without limitation, the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Bartleby and/or its affiliates. Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
You agree to comply with all applicable laws and these Terms when using the Services. You are responsible for maintaining, at your own expense, the equipment and Internet access that you will need to use the Service. You must back up at your own expense any data, such as contact information, files, and other data that you desire to keep (we will not back up this data on your behalf).
You may use the Service and the Content to conduct research and as example documents for research use. You must properly cite and attribute any information that you may use from the Service.
You may not, and may not permit a third party to, submit, offer links from, share, post, or transmit through the Service any material, or otherwise engage in any conduct, that:
We reserve the right to take any legal action or and technical remedies to prevent the violation of this Agreement by any user.
We do not claim ownership in any content or materials that you may post, share, or otherwise submit through or to us or the Service (“Submission”). You agree, acknowledge, and understand that other users will have access to your Submissions, including but not limited to any questions and/or answers you submit through the Site. By uploading, posting, or otherwise offering the Submission, you expressly grant us a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the Submission, including without limitation the right for us or any third party designated by us to use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future.
We reserve the right, but we have no obligation, to edit your Submissions. We may use any comments, suggestions, complaints or other feedback you provide to us regarding our Service in any manner whatsoever and without any compensation or attribution to you and without limitation of any kind.
You may only upload or post Submissions for which you are the original author and hold all rights to convey to us under this Agreement. By uploading, posting, or otherwise submitting a Submission through or to us or the Service, you certify, represent and warrant to us that:
By registering for the Service, you are allowing us to send emails regarding your account. Such emails may include, but are not limited to, those related to an action you took directly, an action of which you were a target, or an inaction on your part.
By registering for the Service, you are allowing us to send you emails or other electronic messages containing news, updates, and promotions relating to Bartleby.com products. You can unsubscribe at any time via the unsubscribe links found on every email or via your account settings page.
Without limiting the generality of the foregoing, you agree that we may contact you using any contact information you have provided to us, including but not limited to contact via email, text (SMS, or "Short Message Service"), mobile/cellular telephone number, home telephone number and/or regular mail. Our text messages to your mobile/cellular telephone numbers could result in charges to you for which you are solely responsible.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. You must comply with all local laws within the territories that you access the Service.
We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of the Service. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE AND ITS CONTENT AND MATERIALS WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AND ITS CONTENT ENTIRELY AT YOUR OWN RISK.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL WORK IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE, CONTENT, AND PRODUCTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. BARTLEBY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.
TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BARTLEBY OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
By availing yourself of your use of the Service, you agree to indemnify and release and hold us and our employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to your use or misuse of the Service.
We transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Service or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using the Service and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
We are committed to complying with U.S. Copyright and related laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”), the pertinent portion, which you can review by clicking here. It is our policy to remove and discontinue service to repeat offenders. If you believe that your copyrighted work has been copied and is accessible on our Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
Our agent for notice of claims of copyright infringement on this Service can be reached as follows:
By email: bartlebyDMCA@bned.com
If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our DMCA agent identified above and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the email address listed above. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Please note that you may be held liable for money damages if you materially misrepresent that an activity is infringing your copyrights. This contact information is only for reporting copyright infringement. Please see the Questions and Contact Information section for contact information for other topics.
This Binding Arbitration and Class Action Waiver (this “Waiver”) applies to any dispute arising between you and Bartleby regarding these Terms. “Dispute”, for purposes of this Waiver, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Bartleby in a small-claims court of competent jurisdiction. Notwithstanding the foregoing, Bartleby and you both further agree that either party may bring suit in court solely to enjoin infringement or other misuse of intellectual property rights.
In the event of a Dispute, you must provide Bartleby with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to Bartleby at 750 Third Avenue, 6th Floor, New York, NY 10017, Attention: Legal.
If you or Bartleby do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute shall be by BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Bartleby in a small-claims court of competent jurisdiction. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Bartleby any class action, class arbitration, or other representative action or proceeding. The proceeding will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act ("FAA"). Notwithstanding the foregoing, Bartleby and you both further agree that either party may bring suit in court solely to enjoin infringement or other misuse of intellectual property rights.
By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Bartleby (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of this Waiver remaining in full force and effect.
All questions regarding these terms and conditions must be directed to:
By email: firstname.lastname@example.org
This section applies for any purchases or fee-based memberships and services that you may have with us.
You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for the Service using your payment method. You will pay service charges in advance. You are liable for charges incurred by you until termination of Service. You are solely responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
As determined by the content provider of the Service, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. Unless and until this Agreement is cancelled in accordance with the terms hereof, you hereby authorize us to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize us to charge your chosen payment method for any and all additional purchases of services and entertainment provided by the Service.
You will receive an email receipt to the email address you provided upon initial subscription of your membership. You may, at any time, request a copy of the account of charges made for the life of their membership to the Service. You agree that you forego this right if such request is not made. Requests must be made directly to us. To contact us, refer to the Questions and Contact Information detailed in Section 23.
Subscription fees are NOT refundable if you request to cancel or terminate your membership. Should a refund be issued by us, all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism.