Terms of Service: Order Form
Ordering Terms and Conditions
Effective Date of Last Update: May 15, 2020
These Terms and Conditions (these “Terms”) apply to all purchases (each, an “Order”) of Knewton Online Courseware (the “Online Courseware”) from John Wiley & Sons, Inc. (“Wiley”). If you have entered into a separate agreement with Wiley (for example, an Online Courseware Agreement or Distribution Agreement), then to the extent that agreement contradicts any terms set forth in these Terms, that agreement shall supersede these Terms with respect to such contradicting terms. The Order and these Terms constitute an order to purchase Online Courseware by you on behalf of end users. Upon submitting an Order, you agree to be bound by both the Order and these Terms.
As consideration for access to the Online Courseware for the relevant subscription period (as defined below), you will pay Wiley either (i) the applicable fees based on the pricing as stated on Wiley’s website at the time of placing the Order (available here https://www.knewton.com/where-to-purchase/) or (ii) the price as set forth in the separate agreement entered into between Wiley and you. When you place your order, Wiley shall assess and invoice you the Fees for the number of subscriptions requested in the applicable Order. Invoices shall be due within thirty (30) days after the date of your Order. Overdue amounts shall accrue interest at the lower of the rate of one and one-half percent (1.5%) per month or the highest legal interest rate. Wiley reserves the right (in addition to any other rights or remedies Wiley may have) to suspend your access or your end users’ access to the Online Courseware in the event of nonpayment.
You shall be responsible for all applicable taxes, licenses duties, fees or other charges applicable to the delivery and sale of the Online Courseware to you other than taxes based on Wiley’s income. If you have tax exempt status, please forward a copy of your exemption certificate with your payment.
4. Return Policy.
You may return unused/un-activated access codes within thirty (30) days after your Order for a full refund by contacting customer service at email@example.com or 212-KNEWTON and providing the (i) Order information (order number, order date, account number, ISBN, purchase price) and (ii) the access code information. Used/activated access codes may not be returned. Wiley will process credits for any valid returns within thirty (30) days after request.
5. End Users.
Each end user or prospective end user of the Online Courseware is required to accept the end user license agreement available at www.knewton.com/resources/terms/ in order to obtain access to the Online Courseware.
6. Subscription Period.
The subscription period for each subscription shall be 24 months from the activation of such subscription (via registration in Wiley’s system) by the relevant end user and shall further consist of (i) the applicable academic term during which the end user will have full access to the applicable Online Courseware and (ii) any remaining period following such academic term during which the end user will have access to certain non-adaptive content, historical recommendation data and profile data.
The Online Courseware and all copyright, patent, trade secret and other intellectual and proprietary rights in the Online Courseware, are and remain the valuable property of Wiley and/or its licensors. You acknowledge that you neither own nor acquire any rights, title or interest in or to the Online Courseware not expressly granted these Terms.
8. Product Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONLINE COURSEWARE PROVIDED HEREUNDER IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
9. Limitation of Liability.
WILEY’S LIABILITY SHALL BE LIMITED TO THE FEES PAID BY YOU FOR THE ONLINE COURSEWARE ON THE RELEVANT ORDER, OR AS SET FORTH IN A SEPARATE AGREEMENT. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL WILEY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, LOSS OF DATA, OR FOR ANY OTHER CLAIM, EXPENSE, LIABILITY OR LOSS OTHERWISE ARISING FROM ANY SALE OF ONLINE COURSEWARE TO YOU.
10. Applicable Law.
The Order (including these Terms) shall be subject to the laws of the State of New York, excluding its conflicts of laws provisions.