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VitalSource Technologies LLC Terms and Conditions of Use

Effective Date and Last updated: July 13, 2026

These Terms and Conditions of Use (“Terms of Use”) are applicable to you ("User," "you," or "your"), and set forth the terms and conditions for your use of our websites, including the VitalSource Store, Online Bookstore, Virtual Bookstore, or any site run by VitalSource Technologies, Akademos LLC, RedShelf LLC, and Intrepid Learning (the "Sites") and your use of our Bookshelf mobile app and other digital content distribution and learning software (including any associated documentation and any updates to that software), and the digital content that can be read by that software that we make available for access and download from the Sites (respectively, "Software" and "Licensed Content" and together, "Products"). These Terms of Use also apply to any of the services accessible through any Products, Software, or Sites (the "Services"), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.

The Sites and the Products are operated by VitalSource Technologies LLC ("VitalSource," also "we," "our," and "us"). We are a limited liability company, formed under the laws of the State of Delaware in the United States. Our registered number is 2411480, and our principal office is at 227 Fayetteville Street, Suite 400, Raleigh, NC 27601.

You agree with and accept these Terms of Use and our Privacy Policy, Cookies Notice, Refund Policy, and our Online Bookstore's Rental Terms of Service, Shipping Policy, Marketplace Protection Policy, and Returns Policy, as a condition of your use of the Sites, Products, and Services. If you do not agree with the terms of these Terms of Use, do not access or use the Sites or Products. In the event of a conflict between these Terms of Use and the Refund Policy, the Refund Policy shall control with respect to refunds. We reserve the right to change these Terms of Use and Users of the Sites are advised to please refer back to these Terms of Use periodically to review any changes we may make. Users of Products will be notified with the Terms of Use being displayed on-screen or with a link to the updated Terms of Use when you next start the Software or download new Licensed Content, although no such changes will apply retrospectively. You warrant to us that you have the authority to enter into an agreement with us on the terms of these Terms of Use.

These Terms of Use were last updated on July 13, 2026

License and Use

We grant you a limited, non-exclusive, non-transferable license to access the Sites and any Product for your personal use only. Any commercial use, use in violation of these Terms of Use, or use for data collection and/or profit is not allowed.

You may retrieve and display content from the Sites or any Product on a computer or other device, print and copy individual pages and, subject to the next section, store such pages in electronic form on that device. Additional terms may also apply to certain features, parts or content of the Sites and, where they apply, will be displayed on-screen or accessible via a link ("Other Terms").

You must only use the Sites or Product and anything available from the Sites or a Product for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

You remain responsible for:

all of your activity on and in connection with the Sites and/or Product;
all of the content and details that you submit into, or post onto, the Sites or any Product; and
what you access on the Sites or Product, how you interpret or use the Sites or Product and any actions you may take as a result of using the Sites or Product.

Access to the Site and Products

Products may only be downloaded, accessed, and used on a computer or other device owned or controlled by you and running the relevant operating system for which the applicable Product was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any Product and to access and use each downloaded Product.

All purchases of any Products of Licensed Content is subject to VitalSource's Refund Policy. By using the Products and Sites, you acknowledge that you have read the Refund Policy and agree to be bound by the terms set forth therein.

You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to download any Product to that device. You accept responsibility, in accordance with these Terms of Use, for all access to, and use of, any Product by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for any mobile device to which you download, or on which you access or use, any Product may charge for internet access on that device and that you are solely responsible for such charges, if any.

We may restrict access to certain features, parts or content of the Sites or a Product, or the entire Sites or Product, to users who have registered with us. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date. VitalSource may remove or restrict access to Licensed Content, if we reasonably determine that we do not possess the appropriate or necessary rights to provide access to such Licensed Content, or where removal is required by applicable law, regulation, or legal process. In the event VitalSource elects to remove Licensed Content from the Services AND SUCH REMOVAL OCCURS WITHIN THE FIRST TWELVE (12) MONTHS FOLLOWING YOUR DATE OF PURCHASE, you agree that your sole and exclusive remedy shall be a refund of all amounts previously paid by you to VitalSource for the removed Licensed Content. IF VITALSOURCE ELECTS TO REMOVE LICENSED CONTENT FROM THE SERVICE MORE THAN TWELVE (12) MONTHS AFTER THE DATE OF PURCHASE, YOU WILL NOT BE ENTITLED TO A REFUND, EXCEPT WHERE REQUIRED BY APPLICABLE LAW.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We may remove or restrict access where required by law, due to rights restrictions, where we reasonably determine that you have failed to comply with these Terms of Use, or due to operational necessity.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Sites, Services, or Products or that any content of Sites or Products will respond at a certain speed (since this depends on a number of factors outside our control). Specific service level agreements between VitalSource and an institution or other business entity may be a part of another agreement, and such an SLA would not be bound by this paragraph.

We reserve the right to withdraw or suspend the operation of any Product or the Sites, with or without prior notice where reasonably practicable or permitted by applicable law, if we need to do so for security or legal reasons.

You may, at any time, terminate the rights granted to you under these Terms of Use to access and use any Product by permanently uninstalling and deleting your copy of that Product, and removing the specific machine activations you have created.

Paid-for Licensed Content

Downloading paid-for Licensed Content may require you to pay a fee, the amount of which will be as set out on the Sites, unless you have been issued with a code (for example, by an institution with whom you are studying, a publisher or retailer of a publication you have already purchased in hard copy) in which case you may redeem that code for an eligible download.

Payment for all orders must be made by credit or debit card via the checkout page. We use a reputable third-party payment services provider to process all payments. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. It is possible that your card issuer may charge you an online handling fee or processing fee and we are not responsible for such charges.

The relevant download will be made available immediately when payment is authorized or you enter a valid code. You acknowledge that there are no refunds once you authorize payment or enter a valid code, except where required by applicable law, and, therefore, you will have no right to change your mind (sometimes known as a 'cooling off' right) once the download has started.

Where you pay to download any paid-for Licensed Content, we warrant that it will, when downloaded, substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.

Prohibited Uses

You are prohibited from and agree not to:

rent, lease, loan, sell, license, or transfer access to the Sites or Product to any third party or exploit the Sites or Product for commercial purposes or otherwise use any information on the Sites or in a Product (either directly or indirectly) for profit or gain;
use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior;
use, choose, or otherwise select the username that is subject to the rights of another party, without that party's express authorization;
use, choose, or otherwise select a username containing any terms which would be vulgar, obscene, lewd or otherwise offensive in nature;
copy or store any Product or the Sites (or any part thereof) other than for your own non-commercial, personal use;
store the Sites or any Product on a server or other storage device connected to a network or create a database;
interfere with, disrupt, alter, translate, or modify the Sites or Product or any part thereof, or create an undue burden on the Sites or Product or the networks or services connected to the Sites or Product, nor attempt to circumvent the security of any servers on which the Sites or Product is hosted;
reverse engineer, decompile, disassemble, or reverse compile the Sites or any Product;
introduce software or automated agents or scripts to the Sites or Product so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Sites or Product;
transmit, distribute, introduce or otherwise make available in any manner through the Sites or Product any computer virus, keyloggers, spyware, worms, trojan horses, time bombs or other malicious or harmful programming;
use any Product of the Sites in a way that might damage our name or reputation or that of any of our affiliates;
export any Product in breach of the applicable export or import laws of any country;
publicly display, perform, republish, or reproduce any Product or any product we make available for download from the Sites (including without limitation by way of email, newsgroups, file or discussion areas, intranet or internet site or any other means);
tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to the Product, Sites or Services; or
otherwise, do anything not expressly permitted by these Terms of Use.

All rights granted to you under these Terms of Use will terminate immediately in the event that you are in breach of any term of the Terms of Use.

To do anything with any Product that is not expressly permitted by these Terms of Use, you will need a separate license from us. Please contact us, using the Contact Us details at the end of these Terms of Use.

Privacy and Collection and Use of Information

You acknowledge that when you download, install, or use the Products, you also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Products or certain of its features or functionality, and the Products may provide you with opportunities to share information about yourself with others. All collection and use of your personal data submitted to us (via our Sites or any Product) is governed by our Privacy Policy and Cookies Notice, which is expressly made part of these Terms of Use. If you have not already read our Privacy Policy and Cookies Notice, you should do so now. By downloading, installing, using, and providing information to or through the Products or Sites, you consent to all actions taken by VitalSource with respect to your information in compliance with the Privacy Policy.

We may collect and process information relating to your access and use of the Sites, Products, and Services, including technical data, usage metrics, and interaction data (such as features used, session activity, highlights, notes, navigation patterns, performance information, and similar activity).

We may aggregate and de-identify such data so that it does not identify you or any individual user. We may use the aggregated and de-identified data for our legitimate business purposes, including to operate, maintain, secure, support, analyze, improve, and develop the Sites, Products, and Services, to conduct analytics, and to enhance functionality and user experience. We may also use aggregated and de-identified data to develop, train, and improve data-driven automated, or machine learning-enabled features, provided that such use does not identify you and does not disclose or compromise any personal information.

For clarity, VitalSource does not acquire ownership of Your Content (defined below) or your interaction data as a result of such data use, and any use of aggregated or de-identified data is solely for the internal product and services improvement and not for the purpose of identifying individual users.

Additional information regarding automated and artificial intelligence-enabled features is provided in the “Artificial Intelligence and Automated Features” section below.

Intellectual Property

All Products are licensed to you, not sold. VitalSource and its licensors retain all right, title, and interest in and to the Products at all times.

All intellectual property rights in any content of the Sites, the Licensed Content, and in each Product (including VitalSource®, VitalSource Bookshelf®, VitalSource Bookshelf +, and other trademarks, text, graphics, software, photographs and other materials, images, videos and audio) (collectively, "Content"), other than Your Content, are owned by VitalSource or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Sites or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these Terms of Use gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Sites or any Product or any of its content.

In the event you print off, copy or store pages from the Sites (only as permitted by the "License and Use" section of these Terms of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced and are not modified in any manner.

The Software may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open Source Software"). Please note that, to the extent that any Software contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third party licensor ("Open Source License Terms") and not under these Terms of Use, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any Software and the relevant Open Source License Terms will be made available to you upon request.

Artificial Intelligence and Automated Features

Certain features of the Sites, Products, or Services may incorporate automated, algorithmic, or artificial intelligence-enabled functionality, including features designed to support discovery, personalization, accessibility, analytics, security, and product improvement (“AI Features”).

AI Features may process information related to your use of the Sites, Products, or Services, including interaction data, usage patterns, and system performance data, in order to operate, maintain, secure, support, and improve the functionality and user experience of the Sites, Products, and Services.

Any data used in connection with AI Features is processed in accordance with our Privacy Policy. Where data is used for training, testing, or improving AI Features, such data is aggregated and/or de-identified so that it does not identify you or any individual user.

For clarity:

VitalSource does not use Licensed Content, including publisher-provided content, to train public, open, or third-party artificial intelligence or machine learning models
VitalSource does not permit Licensed Content to be used in a manner that would disclose, reproduce, or substitute for the original Licensed Content
VitalSource does not sell or license Your Content or user interaction data for use in public, open, or third-party artificial intelligence or machine learning models

AI Features are provided for informational and assistive purposes only. Output generated by AI Features may be inaccurate, incomplete, or inappropriate in certain contexts and should not be relied upon as a substitute for professional judgment, academic evaluation, or independent review. You are responsible for how you use, interpret, and rely on any output generated by AI Features.

VitalSource may modify, limit, suspend, or discontinue AI Features at any time, with or without notice where reasonably practicable or permitted by applicable law, and does not guarantee the availability, accuracy, or performance of any AI Feature.

Content

We may change the format and Content of the Sites, with or without prior notice where reasonably practicable or permitted by applicable law. We reserve the right to change the design, features and/or functionality of any Product or Service by making the updated Product or Service available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Product or Service, but we may cease to provide and/or update content to prior versions of any Product or Service and, depending on the nature of the update, in some circumstances you may not be able to continue using a Product or Service until you have downloaded the updated version.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Sites, Products, or Services.

We may, but are not obliged to, make updates available to any Product or Service or its content and we may cease to make such updates available at any time, with or without prior notice where reasonably practicable or permitted by applicable law.

The information made available through the Sites, Products, or Services may not always be accurate, complete, or current. You are responsible for verifying information before relying on it, and we encourage you to notify us of any inaccurate, incomplete, or outdated Content or information.

Your Content

"Your Content" means any content, data, or information that you submit, upload, create, post, annotate, highlight, note, or otherwise make available through the Sites, Products, or Services, including questions-submitted, notes, highlights, annotations, comments, and other user-generated materials, but excluding Licensed Content, platform-generated data, system logs, and aggregated or de-identified usage or interaction data.

When you submit, post, upload, or otherwise interact with or publish Your Content in connection with the Sites, Products, or Services, you grant us, affiliates, successors, and authorized representatives a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, sublicensable, and transferable right and license to any and all underlying copyright, trademark, and publicity rights you may have in Your Content including, without limitation, the right to use, publish, distribute, copy, display, modify, create derivative works from, and otherwise use Your Content in any media known now or in the future without the need to obtain any further consent or permission, collectively for operating, improving, and supporting the Sites, Products, and/or Services. We are not required to host, display, or distribute Your Content and may remove Your Content where reasonably necessary to operate the Sites, Products, or Services, comply with law, or enforce these Terms of Use. Further, by posting Your Content, you represent and warrant that you own Your Content, or otherwise have the right to grant the licenses set forth herein, and the posting of Your Content in connection with the Products or Services does not violate the copyright, trademark, privacy or publicity rights of any third party.

You may not post or share Your Content that is unlawful, misleading, abusive, invasive of another person's privacy, or that involves unsolicited communications, commercial solicitations, or deceptive practices. Prohibited content includes spam, hidden or restricted-access material, unauthorized collection of personal information, unapproved commercial activity, content posted without required consent, impersonation, account misuse, or any attempt to interfere with, disrupt, bypass, or compromise the security, functionality, or operation of the Sites, Products, or Services, including through automated means, malicious code, or misuse of platform features. You may not use Your Content or information obtained through the Services to harass, harm, or exploit others, or to sell, transfer, or otherwise misuse accounts or profiles.

Products for Download

VitalSource makes available Products for download by you through the Sites. Prices are displayed with the applicable Product or Service. Prices and availability of all Products and Services are subject to change at any time, with or without prior notice where reasonably practicable or permitted by applicable law, before we accept your order. Prices may or may not be inclusive of applicable sales, use, or other taxes; however, such taxes shall be identified, calculated and collected at the point of sale. A confirmation email will be provided after the checkout for each order. We are not responsible for any interruption to or failure in any communication or process, howsoever caused, which results in an order, or in any payment or payment details not being received or processed by us. A payment will be regarded as received when we are able to credit or transfer the amount required into our designated bank account. Products and their download are subject to these Terms of Use.

Third-Party Links and Tools

The Sites and certain Products may include links to external sites or applications owned, operated, or produced by third-party organizations independent of us, which may include links to third-party offers and promotions. We include the links for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that such content or offers will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any content or offers on them.

Certain tools, devices, software programs, or other features available on or through the Sites or Products may be provided by third parties. These tools are provided or made available as a convenience to you. Such tools, devices, software programs, or other features are not owned or operated by us and we are not responsible for examining their content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness, or any other aspect.

Accessibility

VitalSource is committed to making the Sites, Products, and Services accessible to users with disabilities and to supporting inclusive access to digital learning materials. We strive to design and maintain the Sites, Products, and Services in a manner consistent with generally recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG), where reasonably practicable.

Accessibility of Licensed Content may vary depending on the nature of the content and the manner in which it is provided by third-party publishers or content providers. While VitalSource works with publishers and partners to support accessible formats and features, VitalSource does not warrant that all Licensed Content will be accessible to all users or compatible with all assistive technologies.

Certain accessibility features may depend on device capabilities, operating systems, browser configurations, user settings, or third-party technologies, and VitalSource does not guarantee that all features will function in all environments.

If you experience difficulty accessing any part of the Sites, Products, or Services, or require assistance with accessibility-related issues, you may contact VitalSource through the support channels identified in the “Contact Us” section. We will make reasonable efforts to review and address accessibility-related feedback in accordance with applicable law.

Nothing in this section is intended to create any contractual warranty, obligation, or standard of care beyond those required by applicable law.

Our Liability

Nothing in these Terms of Use is intended to limit or exclude our liability to you or the liability of our licensors to you:

for death or personal injury caused by our negligence; or
for fraudulent misrepresentation,
or to exclude, restrict or modify rights which you may have under any law which may not be excluded, restricted or modified by agreement ("Your Consumer Rights"). You can find out more about Your Consumer Rights from consumer organizations and bodies such as your relevant consumer protection authorities.

Subject to the above (including Your Consumer Rights) and to the maximum extent permitted by applicable law, we or our licensors shall not be liable to you for:

any business losses;
any losses that were not reasonably foreseeable; or
any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

If you suffer any loss in connection with the Sites or Products, you must take all reasonable steps to minimize your loss, including notifying us without delay if there are steps we can take to help minimize your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Product in respect of which the liability arises.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITALSOURCE AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE VITALSOURCE PRODUCTS, SERVICES, OR SITES. WITHOUT EXPANDING THE AGGREGATE LIABILITY CAP SET FORTH ABOVE, VITALSOURCE’S SOLE OBLIGATION OR LIABILITY UNDER THESE TERMS OF USE IN THE AGGREGATE IS (I) THE REPLACEMENT OR REPAIR OF THE MEDIA ON WHICH THE VITALSOURCE PRODUCT IS PROVIDED, (II) VITALSOURCE SECURING THE RIGHTS TO CONTINUE USING THE PRODUCTS, SERVICES, OR SITES, OR (III) A REFUND OF THE PURCHASE PRICE PAID FOR THE VITALSOURCE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

EXCEPT AS SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VITALSOURCE PRODUCTS, SITES, AND SERVICES ARE FURNISHED BY VITALSOURCE TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THESE TERMS OF USE, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED BY VITALSOURCE AND ITS LICENSORS. NO REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE PRODUCT UNLESS EXPRESSLY INCORPORATED IN THESE TERMS OF USE.

Limitation of Time to File Claims . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PRODUCTS, SERVICES, OR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF TIME TO BE CONTRACTUALLY IMPOSED IN SOME CIRCUMSTANCES SO THIS LIMITATION MAY NOT BE APPLICABLE.

Indemnification

To the fullest extent of applicable law, you agree to indemnify, defend, and hold harmless VitalSource and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your (i) use or misuse of the Products, Services, or Sites, (ii) breach of these Terms of Use, or (iii) content you submit or make available through the Products or Sites that is misappropriated or infringes any patent, copyright, trademark, trade secret, moral, or any other intellectual property rights of any third parties.

Claims of Infringement and DMCA Takedown Procedures

VitalSource respects the intellectual property rights of others and expects users of the Sites, Products, and Services to do the same. It is VitalSource’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”) within a reasonable time. Copyright owners or their authorized agents may submit a compliant takedown notice if they believe infringing material is available through the Services. All notices and counter-notices must be accurate and submitted under penalty of perjury, and misuse of the process may result in legal liability. Submissions may be shared with affected parties, including contact information, and by submitting a notice or counter-notice you acknowledge that you have no expectation of privacy in that submission.

Notice of Claimed Infringement

If you believe that any material made available through the Sites, Products, or Services infringes a copyright you own or control, you may submit a written notification of claimed infringement to VitalSource at copyright@vitalsource.com that includes the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit VitalSource to locate the material;
Information reasonably sufficient to permit VitalSource to contact the complaining party, such as an address, telephone number, and email address;
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
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 the copyright interest.

Counter-Notification

If you believe that material you posted was removed or access to it was disabled as a result of mistake or misidentification, you may submit a counter-notification in writing to VitalSource at copyright@vitalsource.com that includes the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court located within the district in which your address is located (or, if outside the United States, the federal court for the Eastern District of North Carolina), and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a valid counter-notification, VitalSource may forward it to the original complaining party and may restore the removed Content in accordance with the DMCA, unless the copyright owner files an action seeking a court order against the user.

Repeat Infringers

In accordance with the DMCA and other applicable law, VitalSource may, in appropriate circumstances and in accordance with applicable law, terminate or suspend access to the Sites, Products, or Services for users who are deemed to be repeat infringers.

Policies

When using the Services or Products, you must comply with all applicable policies, including the following policies, and any others referenced herein in these Terms of Use. These policies are incorporated by reference into these Terms of Use and may be updated periodically. Applicable policies include, without limitation, the Privacy Policy, Cookies Notice, Refund Policy, and any Product-specific terms.

Governing Language and International Users

These Terms of Use are written in English. Any translations of these Terms of Use are provided for convenience only. In the event of any conflict or inconsistency between the English-language version and any translated version, the English-language version shall control.

The Sites, Products, and Services are controlled and operated by VitalSource from the United States. VitalSource makes no representation that the Sites, Products, or Services are appropriate, lawful, or available for use in all jurisdictions. Access to the Sites, Products, or Services may not be legal for certain persons or in certain countries, and users who access the Sites, Products, or Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws and regulations.

Nothing in these Terms of Use is intended to limit or exclude any mandatory consumer rights or protections that may apply under applicable local law and that cannot be waived by contract.

General

You may not transfer or assign any or all of your rights or obligations under these Terms of Use.

Our failure to enforce any of our rights does not result in a waiver of that right.

If any provision of these Terms of Use is found to be unenforceable, all other provisions shall remain unaffected.

These Terms of Use, together with any Other Terms, policies, or additional terms referenced herein, constitute the entire agreement between you and VitalSource regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

VitalSource may update or modify these Terms of Use in accordance with the update mechanisms described herein. Any such updates will become effective upon posting or upon your continued use of the Sites, Products, or Services, as applicable, except where a different effective date is required by applicable law.

Mandatory Arbitration. These Terms of Use shall be governed by the laws of the State of North Carolina without giving effect to any conflicts of laws principles. You agree that any claim, dispute, suit, action, controversy or proceeding ("Dispute") arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputed Claim(s)") will be resolved, upon notification by you or us, exclusively and finally by binding arbitration. The Arbitration of the Dispute will be conducted by the American Arbitration Association pursuant to its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable). Neither you nor we will have the right to litigate arbitrated Disputed Claims in court or to have a jury trial on Disputed Claims or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by written agreement of the parties involved. The arbitration may be conducted by telephone, online, or based solely upon written submissions.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of North Carolina and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. An award of damages, if any, must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Notwithstanding any choice of law provision included in these Terms of Use, this arbitration is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and not by any state arbitration law. The arbitration will take place exclusively in Raleigh, North Carolina. In connection with any arbitration proceeding, each party must submit or file any Disputed Claim that would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the Dispute to which it relates. Each party involved will bear its own cost of any legal representation, discovery or research required to conduct and complete arbitration. The existence or results of any arbitration will be treated as confidential. The arbitrator will not have the authority to award exemplary or punitive damages.

Class Action Waivers. To the fullest extent permitted by applicable law, you and us each waive any right to bring or participate in any Dispute as a class, collective, consolidated, representative, or private attorney general action. This waiver applies whether the Dispute is brought in arbitration or in court.

Notwithstanding anything to the contrary in the AAA Commercial Arbitration Rules, the arbitrator shall have no authority or jurisdiction to hear any Dispute on a class, collective, consolidated, representative, or private attorney general basis, or to consolidate, join, or otherwise combine the Disputes of more than one person in a single proceeding.

If the waiver of class, collective, representative, or private attorney general Disputes in this Section is found to be void or unenforceable, any such Disputes shall be resolved exclusively in a court of competent jurisdiction and not in arbitration.

Limitation on Injunctive Relief.

YOU AGREE THAT YOU WILL NOT SEEK, AND YOU SHALL NOT BE ENTITLED TO OBTAIN, ANY COURT OR OTHER ORDER OR ACTION THAT WOULD INTERFERE OR PREVENT THE DEVELOPMENT, USE, OR EXPLOITATION OF THE SITES, PRODUCTS, SERVICES, OR ANY INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY OF US OR ANY OF OUR LICENSORS, INCLUDING YOUR CONTENT.

This section shall survive any expiration or termination of your relationship with VitalSource.

Termination

We may terminate, disable, lock, block or suspend your access to the Sites, Products, or Services if you fail to comply, or if we reasonably determine that you have failed to comply, with any of the Terms of Use. In the event of such termination, you must cease all use of the Sites, Products, or Services and VitalSource may immediately revoke your access to the Sites and/or Products.

All provisions which by their nature are intended to survive termination will survive the termination of these Terms of Use regardless of the reason for such termination.

Contact Us

If you have any questions, comments, or requests regarding these Terms of Use, please contact us:

via email at privacy@vitalsource.com;
at https://support.vitalsource.com; or
write to us at the following address:
VitalSource Technologies LLC
227 Fayetteville Street
Suite 400
Raleigh, NC 27601