Cengage All Access AdvocateHub
Terms and Conditions of Participation
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF PARTICIPATION (THESE “TERMS”) GOVERNING PARTICIPATION IN THE CENGAGE ALL ACCESS ADVOCATEHUB PROGRAM (THE “PROGRAM”). BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.
SECTION 9 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. Membership Eligibility and Overview
The Program is offered at the sole discretion of Cengage Learning, Inc. (“Cengage”) and the administrator of the Program, Influitive Corporation (“Influitive,” and collectively with Cengage, “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members in the Program. NO PURCHASE IS NECESSARY TO JOIN OR PARTICIPATE IN THE PROGRAM. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
By enrolling in the Program and thereby becoming a Program member, and by participating in the Program and engaging in Challenges, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Terms and by any modifications we may make to them. You should review these Terms and the related policies frequently to understand the terms and conditions that apply to the Program and your participation in the Program, as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by the Cengage Privacy Policy and the Influitive Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms, the Cengage Privacy Policy and the Influitive Privacy Policy, you cannot participate in the Program. The Program is void where prohibited by law.
The Program is a web-based platform that enables you and other Members to receive invitations from us to participate in and complete various activities, experiences and challenges, such as, but not limited to, enrolling in the Program, watching videos, sharing items of importance to you, other Members, and us on social media, reading articles, opening e-mails, or generally talking about the education community, us and the Program to others (each a “Challenge”).
2. Program Enrollment
Eligible individuals may enroll in the Program by visiting https://cengage/influitive.com/corporate (the “Site”) and following the Program prompts to enroll in the Program.
You are required to provide your e-mail address in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
Only one Program account may be associated with a single e-mail address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an Internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. How the Program Works and Program Benefits; Your Participation in the Program
The Program is a way in which we reward and thank educators and our loyal fanbase for participating in Challenges on the Site. You are able to earn points and achievement “badges,” and achieve certain participation levels and reach certain rankings on the Program’s “Leaderboard” by completing Challenges. Please visit the “Challenges” area within the Site to learn more about earning points and badges, achieving certain participation levels, and climbing the Leaderboard.
To earn points and badges, please confirm you are a Program member and you have logged into your account before completing any Challenges. The number of points and the types of badges, if any, awarded for completing Challenges is determined by us in our sole but reasonable discretion, and may be subject to a maximum number of points earned for completing Challenges during a particular timeframe. Points may be subject to expiration, at our sole discretion. We will notify you through the Site and/or by e-mail if any of your accumulated points have expired.
If you participate in any Challenges, we may award you points and badges based on your successful completion of the Challenge. We will automatically track your points for you within the Site. We will also display a Leaderboard within the Program that sets out the number of points, and the types of badges, each Member has. This Leaderboard is viewable by all other Members in the Program. You can remove yourself from the Leaderboard at any time, in your sole discretion.
After accumulating points by participating in Challenges, you may redeem such accumulated points for certain items depending on the number of points you have (“Rewards”). Such Rewards may include, without limitation: time for your timecard; experiences like a pizza party for your class or our taking certain actions on social media to acknowledge you; Cengage-branded products like tote bags, t-shirts and other clothing, coffee mugs, etc.; and third party gift cards (please note that terms and conditions may apply to the use of any such gift cards, and such gift cards may be subject to expiration, of which you will be notified), among other things. Please regularly visit the Rewards area within the Site to see what Rewards are available and how many points are required to be redeemed for each Reward. We reserve the right to make changes to Rewards, including the points required to be redeemed for each Reward, at any time at our sole discretion, including making different Rewards available, making certain Rewards unavailable, changing the value of Rewards, etc. All Rewards are subject to availability and while supplies last, and substitutions made by us in our sole discretion may occur. You are not required to redeem your accumulated points. We are unable to reship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact us at erica.messenger@cengage.com 810-623-5230 or annie.mcquaid@cengage.com.
Program accounts, points or Rewards may not be transferred, shared or combined. Only the Member who accumulated points may exchange them for Rewards. We reserve the right to monitor the number of Member accounts per household and refuse, merge or close additional or duplicate Member accounts at any time. As stated elsewhere in these Terms, your account information (including security details) are confidential and should not be shared with any other person.
Points and badges earned through the Program have no cash value, are non-transferable, and you have no property rights in or to such points, badges or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if the points were obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any points, badges, Rewards or other benefits offered through the Program, other than by us, is expressly prohibited. Rewards cannot be exchanged or returned for points, other Rewards, another product or service or a monetary refund. We are not responsible for points, badges, Rewards, and/or other benefits of the Program lost or redeemed due to fraudulent activity by you or any third party. Points can only be redeemed through the Program on the Site, unless otherwise noted by us.
Your participation in the Program and any Challenge is completely voluntary. How much, or how little, you participate is entirely up to you. The Program may allow you to interact and communicate with us and other Members by posting your own content within the Site. “Content” means anything you post to the Program, including opinions, expressions, points of view, articles, videos, messages (including, without limitation, messages between you and other Members), photos, advice or any other information. As between you and us, you own the Content that you post to the Program. However, by posting Content, you give us the right to use this Content, subject to certain limitations that we set out below. If you post Content, you give us and our affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, copy, modify, distribute, publish and process your Content, without any further consent, notice, or compensation to you or any other party.
Other Members, or the public, may see Content that you post, depending on the functionality and the settings offered, and on your choice of how to manage such settings. The Program is not a storage service. We have no obligation to store, maintain, or provide you a copy of any Content that you or others provide, except to the extent required in accordance with applicable law and as set out in the Cengage Privacy Policy and the Influitive Privacy Policy. Since we do not review Content before it is published, you may see Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You expressly agree that we are not responsible for Content posted by anybody but us, or for any damages as a result of your use or reliance on any such Content.
We appreciate your thoughts about the Program. By submitting suggestions or other feedback about the Program to us, you agree that we can use and share (but do not have the obligation to use or share) any such feedback, for any purpose, without compensation to you.
4. Program Rules
We have certain rules that we require all of the Members of our Program to follow. These rules help to ensure that the Program functions properly and benefits all participants, including us. In particular: (a) you must be at least 18 years old (you cannot participate in the Program if you are younger than 18); (b) you must choose a strong password, keep your password secure and confidential, and not transfer any part of your account to anybody else (you are responsible for anything that happens through your account); (c) you must use the Program in a professional manner and in accordance with any usage guidelines we may make available from time to time, and in accordance with all applicable laws, including, without limitation, the FTC Endorsement Guides; (d) you must provide accurate and correct information about yourself to us and keep it updated, including using your real name in your Program profile; (e) you may only post Content that does not violate any applicable laws or anyone else’s rights, including intellectual property rights; (f) you shall not (i) create an account for somebody else, (ii) use or attempt to use another Member’s account, (iii) harass, abuse or harm another person, (iv) scrape or copy the profiles or information of others through any means, (v) act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner (as determined in our sole discretion), (vi) post any Content that you do not have the right to post, (vii) violate our or any third party’s intellectual property rights or use the Site or the Program in any manner other than as expressly permitted by us, (viii) post any Content that constitutes unsolicited or unauthorized advertising, such as junk mail or SPAM, (ix) post any Content or otherwise interact with the Program or the Site in any way that contains and/or spreads viruses, worms, Trojan horses, or any other harmful code, (x) copy or use any Content posted by others in connection with a service that competes with the Program, (xi) reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive all or part of the source code for the Program, the Site, or any related technology, (xii) use bots or other automated methods to access the Program or the Site, (xiii) monitor the availability, performance, or functionality of the Program or the Site for any competitive purpose, (xiv) engage in framing or mirroring, or otherwise use any other means simulating the appearance or function of the Program or the Site, (xv) rent, lease, loan, trade, or sell/re-sell access to the Program, the Site, or any related information, data or Content, (xvi) imply or state that you are affiliated with us or endorsed by us without our prior written consent, (xvii) remove any intellectual property rights notices in the Program or on the Site, (xviii) collect, use, copy, or transfer any third party Content without our consent, or (xix) override or attempt to override any security features of the Program or the Site.
5. E-mails
By enrolling in the Program, you will be automatically subscribed to receive and you consent to receive marketing e-mails about related services from us and third parties, including Program-related communications.
You may opt out of receiving marketing e-mails or Program-related e-mails at any time by following the instructions provided in the e-mail and as otherwise provided in the Cengage Privacy Policy and the Influitive Privacy Policy. If you opt out of Program-related e-mails, you will no longer receive e-mails regarding your Program status or the Program rewards or benefits that may be available to you.
We may notify you regarding any aspect or feature of the Program or regarding these Terms, including, without limitation, with respect to restriction, cancellation or termination of the Program, cancellation or elimination of any rewards, points or credits earned under the Program, or modification of these Terms or the Program as described in Section 6 below, by posting such modified Terms on the Site or by e-mail. You expressly acknowledge and agree that your continued participation in the Program after any such notice constitutes your acceptance of such modified Terms.
6. Termination, Suspension and Modification
The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time and without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than twelve (12) months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including, without limitation, any suspected illegal, fraudulent other unauthorized use of any Program points, badges or Rewards, may result in the revocation of your membership in the Program and make you ineligible for further participation in the Program. If your membership is revoked, any points in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting out of the Program in your account section within the Site. If you cancel your membership, you will lose all accumulated points, badges, Rewards and other benefits of the Program.
On termination, you lose the right to access or use the Program and the Site, and all benefits thereof, including, without limitation, points, badges and Rewards. The sections of these Terms that need to survive termination in order to give full effect to their provisions, survive any such termination.
7. Disclaimer of Warranties; Limitation of Liability
THE PROGRAM AND THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROGRAM, THE SITE, POINTS, REWARDS, CONTENT, OR OTHER INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE PROGRAM AND THE SITE. YOU AGREE THAT YOUR USE OF EACH OF THE FOREGOING IS AT YOUR SOLE RISK, AND THAT EACH COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF ANY OF THE FOREGOING IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROGRAM OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM , THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER CENGAGE NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE UNDER ANY THEORY, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OR MISUSE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (a) NEITHER CENGAGE NOR ITS AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) IN NO EVENT SHALL CENGAGE’S NOR ITS AFFILIATES’, PARTNERS’, LICENSORS’ OR SUPPLIERS’ MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THE PROGRAM EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF ANY POINTS, BADGES OR REWARDS, OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
8. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS), DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, ANY CONTENT YOU HAVE POSTED, OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, OR THESE TERMS. THIS PARAGRAPH SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OR YOUR MEMBERSHIP IN THE PROGRAM.
Note: the following information is provided exclusively for notifying us that your copyrighted material might have been infringed. All other inquiries, such as requests for technical assistance, will not receive a response through this process.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), to be effective, written notification (“Notification”) of claimed copyright infringement must be submitted to the following Agent Designated to Receive Notification of Claimed Infringement:
Laura Stevens
Legal Department, Cengage Learning, Inc.
200 Pier Four Bvld
Boston, MA 02210
Phone: (617) 289-7700
infringements@cengage.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Third Party Links
Some links within the Site may lead to websites controlled by third parties. Because we have no control over these websites, we are not responsible for such websites’ content or accessibility via the Internet and do not endorse products, services, or information provided by or through such websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods, or services available on or through any other website. Further, the inclusion of these links does not imply that there is any relationship between us and the linked websites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where we would be responsible for the actions of their respective owners.
13. Miscellaneous
The following rules of interpretation apply to these Terms: (a) the words “include” and “including” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) references to “will” are to be construed as having the same meaning as “shall.” If any term in these Terms is found invalid, illegal or unenforceable, the rest of these Terms remains in effect. If we do not enforce a term of these Terms, it is not a waiver of that term or any other term. These Terms and the incorporated policies referred to herein make up the entire agreement between you and us regarding the subject matter described in these Terms, and supersedes any prior or contemporaneous agreements. You ma not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us, including in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
14. Contact Us
For information about the Program and your membership, contact Erica Messenger 810-623-5230 or Annie McQuaid 919-582-5773;x25773 or via e-mail at erica.messenger@cengage.com or annie.mcquaid@cengage.com . We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide helpful answers to frequently answered questions on the Site.