Subscription Agreement

3. Promotional Offers

We may, but are not required to, offer you special deals or promotions for Pearson or third-party products or services.

Through the Pearson+ Services, we may from time to time provide you with promotional offers, plans, or subscriptions for additional products or services from Pearson or third parties. Eligibility for Pearson-provided offers is determined solely by Pearson, and we reserve the right to revoke offers and/or product or service access if we determine you are not eligible. In the event that a Pearson-provided offer mistakenly lists an incorrect price or offer term, Pearson reserves the right to refuse or cancel any orders placed for the offered product or service, whether or not the order has been confirmed and whether or not you have been charged for such offer, product, or service.

Eligibility for, and the terms and conditions governing, third-party offers and product or service access are determined solely by the third-party. Pearson is not responsible for any aspect of such third-party offers, or the delivery, quality, or satisfaction of any related third-party products or services.

4. Payment, Billing, & Price Changes

You can pay with your credit card or PayPal account. We reserve the right to change our plans or pricing at any time.

Payment Methods. You may pay for your Subscription using: (1) a valid Visa, MasterCard, American Express, Discover, or JCB credit card or debit card; or (2) PayPal (each a “Payment Method”). You agree that your selected Payment Method may be charged by Pearson when you subscribe. You agree to pay all amounts due at the time you place your order. All amounts are non-refundable unless otherwise noted below. Confirmation of your order will be sent to the email address on file for your account. You are responsible for all taxes and tariffs. Pearson will collect and report state and local taxes applicable to your billing address and charge such taxes to your Payment Method. If Pearson is unable to successfully charge your Payment Method for the full amount owed, you agree that Pearson may pursue all available lawful remedies in order to obtain payment.

Updating your Payment Methods. You may update your Payment Methods in your account settings. We may also update your Payment Methods using information provided by PayPal. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Billing Cycle. Subscription fees, and any other charges you may incur in connection with your use of the Pearson+ Services, such as taxes and possible transaction fees, will be charged to your Payment Method upon purchase.  At the initial purchase of an eTextbook Subscription, you will have an option to make a single upfront payment or four (4) equal monthly payments for the initial subscription term.  If you elect to pay for your initial eTextbook subscription in monthly installments, or if you elect auto-renewal on your account, your Payment Method will be charged each month your Subscription is active. If you elect to make a single upfront payment for your initial eTextbook subscription, you will only be charged once at the start of your Subscription, unless you turn on auto-renewal in your account, in which case your Payment Method will be charged each month your Subscription is active following the completion of the initial term. Your Payment Method will be billed at the start of your initial Subscription period for your Channels Subscription, and at the start of the relevant renewal period upon each renewal thereafter.  Subscription fees are fully earned by us upon payment. Failure by you to use any Pearson+ Services does not relieve you of your payment obligations under this Subscription Agreement, nor does it entitle you to any refund except as provided in Section 5 below.  We may authorize your Payment Method in anticipation of Subscription-related charges through various methods, including authorizing it for the total amount due for the initial subscription period for your eTextbook Subscription as soon as you subscribe, even if you have elected to pay for your eTextbook Subscription in monthly installments. If your payment fails for any reason, your Subscription may be temporarily suspended for you to correct the issue. If the issue is not corrected, your Subscription may be suspended indefinitely or terminated.

Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for the Pearson+ Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Subscription Agreement, if you have auto-renew turned on for your eTextbook Subscription, any price changes or changes to your Subscription plan will take effect at the end of your initial subscription period or at the start of the next monthly billing cycle, whichever is later, but in either case following notice to you.  Any price changes or changes to your Subscription plan relating to your Channels Subscription will take effect at the next renewal following notice to you.

5. Cancellation, Refunds, & Credits

You may cancel your eTextbook Subscription for a full refund within your Refund Period, and (if you’ve turned it on) you can turn your Subscription’s auto-renewal off at any time prior to 11:59 p.m. on the last day of your current Subscription period to opt out of future auto-renewal. Pearson+ Channel Subscriptions are nonrefundable.

Cancellation and Refund. Once purchased, Pearson will not provide a refund or credit for Channels Subscriptions. You may cancel your eTextbook Subscription and request a full refund during the refund period described at your time of purchase (“Refund Period”) going to your account, or contacting Pearson Support. If you cancel your eTextbook Subscription and request a refund during the Refund Period, your eTextbook Subscription will end immediately. After your Refund Period, your eTextbook Subscription fee is nonrefundable. Except as provided in this section 5, Pearson will not provide a refund or credit for partially used Subscriptions.

Auto-renewal. Your Channels Subscription is an auto-renewing Subscription, and you can convert your eTextbook Subscription to an auto-renewing Subscription by turning on auto-renewal in your account settings. You can prevent your auto-renewing Subscription (whether for eTextbook or Channels) from auto-renewing by turning off auto-renewal in your account settings no later than 11:59 p.m. Eastern Time on the last day of your current Subscription period. If you do, your access to the relevant Pearson+ Services will continue through the end of your current subscription period, at which time your access will end.

Credits. At any time, and for any reason at our sole discretion, we may provide a refund, discount, or other consideration to some or all of our customers that is outside the policies set forth above in this section 5. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of any such credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide any such credits in the future, under any circumstance.

6. Service, Device, & Content Limitations

Your Subscription to use and enjoy Pearson+ comes with some limitations.

As set forth in the UTOS, your use of the Pearson+ Services is subject to Pearson’s Acceptable Use Policy (“AUP”). By accessing or using the Services you agree to comply with the terms of the AUP. As described on the Pearson+ website, device and download limitations also apply. The number and type of Supported Devices that may be used to access the Pearson+ Services is limited, as are the number of downloads of Pearson+ Content for offline consumption via mobile apps (web-based downloads are not available). 

Pearson reserves the right to change its Supported Device and download policies at any time. Notice of such changes will be posted on the Pearson+ website. Additionally, Pearson+ Content is regularly updated. We may add or remove content from the Pearson+ Services in our sole discretion.  

Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services, or to take any other available legal action, with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of this Section, including the AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Pearson+ Services, or the Services or Service Network as defined in the AUP, or other users, or for any other reason at the sole and absolute discretion of Pearson.  

7. Class Action Waiver & Binding Arbitration

You and Pearson are agreeing to establish an efficient and effective process to resolve disputes. We are agreeing to first attempt to resolve any dispute through informal negotiation between us.  If we cannot resolve a dispute through informal negotiations, you and Pearson agree to resolve any disputes in individual, binding arbitration, except as provided below.

Arbitration Required. You and Pearson agree that legal disputes can be costly and time-consuming, and so are agreeing to try to resolve any disputes between you and Pearson as efficiently as possible. IF YOU AND/OR PEARSON DO NOT RESOLVE A DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT (AS DESCRIBED BELOW), AND UNLESS YOU OPT-OUT OF ARBITRATION, ANY DISPUTE SHALL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE U.S. FEDERAL ARBITRATION ACT. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. “Dispute” includes any complaint, action, demand, or other controversy, between you and Pearson concerning the Pearson+ Services, this Subscription Agreement, the Pearson+ Privacy Notice, our relationship, and/or any communications between us related to Pearson+ Services, this Subscription Agreement, the Pearson+ Privacy Notice and/or our relationship, and whether in contract, tort, warranty, statute, regulation, or other legal or equitable bases.  You and Pearson irrevocably empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Subscription Agreement or this agreement to arbitrate is void or voidable.

Informal Dispute Resolution & Small Claims Court. Typically, you and Pearson can resolve any concerns you have about the Pearson+ Services and/our relationship by contacting Pearson Support. If you are still not happy with the result, you or Pearson must send to the other party a notice of dispute, which is a written statement that includes the name, address and contact information of the party giving the notice, describes the facts, and the requested relief. You must send the notice of dispute to: Pearson Legal Department, 221 River Street, Hoboken, NJ 07030. We will send any notice of dispute to you at the billing address we have for you. You and Pearson will attempt to resolve a dispute through informal negotiation within 60 days from the date the notice of dispute is sent. Only if you and we have not resolved the dispute after the 60 days, may you or we commence an arbitration proceeding as described below. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first, so long as you proceed only on an individual basis.

How Arbitration Works. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to start arbitration are available at www.jamsadr.com or 1-800-352-5267. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of California, you or we may sever and bring any claim for public injunctive relief related to the Dispute in court.

Arbitration Location and Costs. Unless you and Pearson agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in the city or county where you reside. If you are located outside of the U.S., any in-person arbitration will take place in New York, NY. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, Pearson will pay your filing fee and any documented costs and expenses up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.  YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND PEARSON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND PEARSON HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE LAWSUIT OR CLASS ACTION OR REPRESENTATIVE ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Batch Arbitrations. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against Pearson presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (B) claimants’ counsel shall organize and present the batched demands to JAMS in a format as directed by JAMS; (C) JAMS shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (D) JAMS shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch. You agree to cooperate in good faith with Pearson and JAMS to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in New York, New York or, if the parties prefer, by video conference. The parties may also agree to conducting arbitration based on written submissions alone.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Dispute Resolution provision within the first 30 days after: (1) you first subscribe to the Pearson+ Service; or (2) we notify you of a material change to this Dispute Resolution provision. You may opt out by sending an opt out notice via registered mail to: Pearson Legal Department, 221 River Street, Hoboken, NJ 07030. You should include your name, email address, mailing address, and the words “Reject Arbitration.”

One Year Limitations Period. To help resolve any issues between you and Pearson promptly, you and Pearson agree to bring any claim concerning the Pearson+ Services, this Subscription Agreement, the Pearson+ Privacy Notice, or any communications between us related to this Subscription Agreement, the Pearson+ Services, or the Pearson+ Privacy Notice within one year after any such claim arises; otherwise the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

Governing Law and Survival. You agree that this Dispute Resolution provision shall be governed exclusively by the Federal Arbitration Act and interpreting case law. To the extent state substantive law applies to any dispute, we agree that the dispute will be governed by and construed subject to the laws of the State of New York, without giving effect to its conflict of law principles. You and Pearson agree that this Dispute Resolution provision will survive the cancellation of this Pearson+ Subscription Agreement and/or your Pearson+ Service. Except with respect to the class action waiver, if any portion of this Dispute Resolution provision is determined by a court or the arbitrator to be found unenforceable, that portion shall be ineffective without affecting the enforceability of the rest of the provision.

8. Customer Support

To find more information about the Pearson+ Service and its features, or if you need assistance with your account, please visit Pearson Support. In the event of any conflict between this Subscription Agreement and information provided by Customer Service or other portions of Pearson’s websites, this Subscription Agreement will control.

9. Changes to Subscription Agreement

We may occasionally need to update the rules in this Subscription Agreement. But if we make meaningful changes, we’ll let you know. By continuing to use Pearson+, you agree to follow the updated rules.

Pearson may make changes to this Subscription Agreement from time to time for any reason. Typically, these changes are made to conform to current practices, to comply with changing regulatory requirements, or for other similar purposes. If Pearson modifies this Subscription Agreement in a manner that materially changes the terms or scope of the Services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to this Subscription Agreement has been provided will constitute your consent to the revised Subscription Agreement terms, which shall apply to any use of the Services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (1) must so notify Pearson at Pearson Support within thirty days after receiving notice of such change; and (2) may terminate your Subscription and your use of the Services, however the cancellation, refund and credit provisions of section 5 shall still apply. If you have any questions about this Agreement, please contact us at Pearson Support.

Last Revised: June 29, 2023