Effective Date: August 1, 2009 EBOOKS.BFWPUB.COM

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General Provisions

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY EBOOK YOU MAY ACCESS THROUGH THIS SITE. PLEASE READ IT CAREFULLY.

Bedford, Freeman & Worth respects the privacy of our users. Please take a few minutes to review the privacy policy applicable to this site.

Purpose of This Site

Ebooks.bfwpub.com is a subscription service that enables you to access and use online, digital versions of our books, including accompanying content and documentation, if any (each, a “Licensed eBook”), subject to these Terms of Use. The Licensed eBook, including all contents thereof, is licensed, not sold, to the subscriber. By accepting these Terms of Use, you do not become the owner of the Licensed eBook; however, you do have the right to use the Licensed eBook in accordance with the provisions of this Agreement. Personal Registration

Registration is required to obtain your license to access the Licensed eBook on this site. The first time you sign in to an eBook account, you will be prompted to register. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer an eBook account to another party. If you transfer or attempt to transfer your rights in the Licensed eBook to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify Bedford, Freeman & Worth of any unauthorized use of your password or account or any other breach of security. Bedford, Freeman & Worth will not be liable for any loss or damage arising from your failure to comply with this section.

Your license to the Licensed eBook is without charge if you are a college or high school instructor and have received a complimentary account from a BFW Publisher Representative. If you are a student or other user, you are required to purchase a license to the Licensed eBook for the amount and for the duration set forth on the purchase page for the Licensed eBook, or alternatively, to purchase an access card for the Licensed eBook from a bookstore and validate your account on this site with the activation code printed inside of the access card. Unless otherwise specified on the purchase page for the Licensed eBook (and subject to the exception discussed below), the license granted to subscribers (other than instructors) in the Licensed eBook will expire 365 days from the date of your purchase of a license to the Licensed eBook or the submission of an access code for the Licensed eBook, unless sooner terminated pursuant to this Agreement. If you are an instructor, your license to the Licensed eBook will remain in effect for six consecutive academic semesters, unless sooner terminated pursuant to this Agreement, subject to extension in BFW’s discretion if you continue to adopt the Licensed eBook after the end of the term of your license, and subject to earlier termination by BFW in the event you do not adopt the Licensed eBook in any semester during the term of your license.

Notwithstanding any license term specified on the purchase page or access card for a Licensed eBook, we reserve the right to modify or discontinue access to a Licensed eBook if we conclude that it poses a material risk of legal action or liability. If we modify a Licensed eBook, we will have the right to remove any annotations made to deleted content and any customized versions of deleted content created by instructors using the DynamicBook version of such Licensed eBook. If we discontinue access to a Licensed eBook, we will remove all annotations to and customized versions of the Licensed eBook. If we determine that we must modify or discontinue access to a Licensed eBook, we will give you prior notice by e-mail whenever possible. We also reserve the right to discontinue access to any DynamicBook version of a Licensed eBook in the event that we discontinue providing DynamicBook functionality to our customers. If we discontinue access to any Licensed eBook, including any customized DynamicBook version created by any instructor, your sole remedy will be a refund of your purchase price for the Licensed eBook.

You agree that if you violate these Terms of Use (including by failure to pay the purchase price when required), Bedford, Freeman & Worth may immediately terminate your Licensed eBook account and/or access to this site.

Upon expiration or termination of your license, you shall have no further rights in or to the Licensed eBook, and Bedford, Freeman & Worth may immediately terminate your Licensed eBook account and access to this site, and delete any content or information you have submitted, including any annotation sets and any DynamicBook customized version of a Licensed eBook.

Content in the Licensed eBook and on the Site

If the Licensed eBook has been provided to an instructor in customizable DynamicBook format, the instructor may modify the eBook in his/her discretion, subject to the terms of this Agreement. Such modification(s) may include the deletion or addition of text, graphics, images and/or links. When an instructor has modified the Licensed eBook, the customized version may be made available to student purchasers of the Licensed eBook by providing the students with the “DynamicBook Set ID” for the Licensed eBook. Instructor and student subscribers may annotate the Licensed eBook (which annotations may include notes, text and/or links), and may grant other students (and/or, in the case of students, their instructor) access to such annotations by sharing the “Annotation Set ID” generated for each set of annotations.

Bedford, Freeman & Worth will not verify the accuracy of any information submitted by users, including any customized content and annotations, and the opinions and views expressed by users are not those of Bedford, Freeman & Worth and are not endorsed by us. Bedford, Freeman & Worth does not make any representation or warranty regarding rights in materials submitted by users. If you believe that any material included in a customized version of the Licensed eBook or otherwise available through this site violates your intellectual property rights, please notify us in accordance with the instructions set forth in the section entitled “Intellectual Property Rights of Others”, below. To report any other violation of these Terms of Use, please contact us (see “How to Contact Us”, below).

We reserve the right to modify, add or remove content, features and/or functionality of the Licensed eBook in our sole discretion. However, we will not remove any user-provided content associated with a user’s account until termination of the applicable subscription period, unless we believe such content violates these Terms of Use.

In the course of using this site, users may provide information about themselves to other users. You understand that Bedford, Freeman & Worth does not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself or his/her relationships.

Use of the Licensed eBook

The Licensed eBook and the contents thereof (including but not limited to software, files, graphics and data, but excluding any user-generated content included in an “Annotation Set” or in a DynamicBook version of a Licensed eBook) are the property of and owned by Bedford, Freeman & Worth or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. Bedford, Freeman & Worth grants you, as a licensed subscriber, a personal, revocable, non-exclusive and non-transferable license to access and display the Licensed eBook for the period of your subscription. You may not use the Licensed eBook on more than one computer or computer system concurrently. Multiple use configurations or network distribution of the Licensed eBook is expressly prohibited. You may reproduce portions of the Licensed eBook content for your personal, non-commercial use. Reproduction of the entirety of the contents of the Licensed eBook is expressly prohibited. You may create and save bookmarks, highlights and annotations as provided by the functionality of the program, and instructors with a subscription to the “wiki” version of the Licensed eBook may create and save customizations using the provided functionality.

You agree that you will not make any use of the Licensed eBook except as expressly permitted by these Terms of Use, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any part of the Licensed eBook. Without limiting the generality of the foregoing, you agree not to use material from this site or the Licensed eBook for any commercial purpose, which includes, without limitation, (i) selling access to the Licensed eBook or to services or materials on the site, (ii) including any material from the site or Licensed eBook in any website, widget or printed material to which access is sold, or (iii) using the Licensed eBook or materials or services on the site for the purpose of earning revenue through subscriptions or advertisements. Requests for permission to reproduce or distribute materials copyrighted in the name of any division of Bedford, Freeman & Worth (which include W.H. Freeman & Company, Worth Publishers, and Bedford/St. Martin’s) should be sent to: Permissions Department, W. H. Freeman & Co./Worth Publishers, 41 Madison Avenue, New York, NY 10010 or permissionsdept@whfreeman.com. Requests for permission to reproduce or distribute materials accessed through this site which ARE NOT copyrighted in the name of a division of Bedford, Freeman & Worth must be addressed directly to the copyright holder; we will not respond to such requests.

Bedford, Freeman & Worth does not purport to grant any rights to materials in the Licensed eBook that are NOT copyrighted in the name of Bedford, Freeman & Worth or one of its divisions, even if appearing within material copyrighted in the name of Bedford, Freeman & Worth or one of its divisions, such as a graph or image, or any material submitted by any user of the Licensed eBook.

No Framing. Without the prior written permission of Bedford, Freeman & Worth, you may not frame or establish inline links to the Licensed eBook or to any of the content of our site, nor may you incorporate into another Web site or other product or service any intellectual property of Bedford, Freeman & Worth or any of its licensors. Use of manual or automated devices or other processes to “crawl” or “spider” any part of this site is strictly prohibited. Requests for permission to frame, or to establish inline links to, or otherwise incorporate our online content may be sent to: WebStaff, BFW Publishing Group, 41 Madison Avenue, New York, NY 10010 or webstaff@bfwpub.com.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. Bedford, Freeman & Worth does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules, below.

If you are an instructor submitting materials using the “Edit Text” feature of the DynamicBook version of the Licensed eBook, or (ii) an instructor or student submitting materials to an “Annotation Set”, you grant Bedford, Freeman & Worth and its affiliates the right to use, reproduce, distribute, display and perform such materials on this site or any successor site. If you are an instructor submitting content and/or other materials using the “Submit Edits” feature of the DynamicBook version of the Licensed eBook, you grant Bedford, Freeman & Worth and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content and/or materials throughout the world in any media. BFW will have the right, but not the obligation, to use an instructor’s name in connection with its use of any modified or additional materials submitted by such instructor through the “Submit Edits” feature of the DynamicBook version of a Licensed eBook. Whenever you submit materials through this site, you also grant each user of the Licensed eBook a nonexclusive license to access any materials you submit through the site (including content and annotations) in accordance with the terms of this Agreement and to use, reproduce, publish, distribute, display and perform such materials, in accordance with the grant of rights to users set forth above in the section entitled Use of the Licensed eBook. You grant Bedford, Freeman & Worth and its affiliates the right to use the name you submit in connection with such content, if they so choose.

With respect to any materials you submit through this site, including without limitation annotations and/or content to be included in a DynamicBook version of the Licensed eBook (“User Content”):

  1. You represent and warrant to us that: (i) written permission of the copyright holder has been obtained by you for any material of others included in the User Content and (ii) none of the User Content contains anything which violates any right of privacy or any personal or other right of any kind of any person or entity, is libelous, or plagiarizes any other work or infringes any copyright, trademark or other proprietary right, or will otherwise give rise to any legal action;
  2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
  3. You agree to indemnify, defend and hold harmless Bedford, Freeman & Worth, its affiliates and licensees and its and their officers, directors, members, managers, employees, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorney’s fees and disbursements) arising out of the breach or falsity of the foregoing representations and warranties and from any claim or legal proceeding based on allegations contrary to or inconsistent with any of the foregoing representations and warranties, or based on allegations of your failure to pay for the use of User Content.
  4. You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the Licensed eBook and/or from the site without any prior notice to you. Upon expiration or termination of your subscription period for the Licensed eBook, (i) you will have no further rights in or access to any part of the contents of the Licensed eBook, including any customized Dynamicbook version you may have created as an instructor, (ii) Bedford, Freeman & Worth will have no further rights in any User Content, except for User Content submitted by an instructor through the “Submit Edits” feature of the DynamicBook version of the Licensed eBook, which is subject to the grant of rights set forth above.

Usage Rules

In connection with your use of the Licensed eBook and the Site, you agree:

Trademarks and Copyrights

This site features trademarks, service marks and logos that are the property of Bedford, Freeman & Worth and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
e-mail: Copyrightagent@macmillanusa.com

Please include all of the following in your notification:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content or terminating accounts. Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate eBook Accounts, as provided in the section entitled “Personal Registration”, above.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEDFORD, FREEMAN & WORTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEDFORD, FREEMAN & WORTH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BEDFORD, FREEMAN & WORTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER BEDFORD, FREEMAN & WORTH NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

UNDER NO CIRCUMSTANCES WILL BEDFORD, FREEMAN & WORTH OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THE LICENSED EBOOK. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Bedford, Freeman & Worth, its affiliates and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (i) any violation of these Terms of Use, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.

Links

This Web site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

Jurisdiction

Bedford, Freeman & Worth, LLC is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. By using this site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Bedford, Freeman & Worth with respect to use of the Web site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please click here or write to us at:

Bedford, Freeman & Worth Publisher, LLC
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department