Terms of Service
Last revised: January 2, 2017
This website (the “Website”) and LitCharts mobile applications (the "apps") are operated by LitCharts LLC (“LitCharts”). All of the Terms of Service explained herein that refer to the Website or "Service" apply equally to the use of all of our mobile apps.
The Terms of Service set forth below are binding on all users of this Website and of LitCharts mobile apps. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Service. LitCharts may change the Terms of Service, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. LitCharts reserves the right, at its sole discretion, to deny further or continuing access to the Website or Service to any visitor, including, without limitation, any user that LitCharts determines has violated any aspect of these Terms of Service. LitCharts reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by LitCharts.
Adult Users Only
Children under 13 years of age are not allowed to use or access the Website at any time or in any manner. We do not permit anyone under age 13 to register and we do not collect any data or other personally identifiable information from anyone under age 13. Parents and legal guardians using the Website and/or purchasing a subscription on behalf of a child between the ages of 13 and 18 are enitrely responsible for their child’s use of the Website, including all fees and legal liability that they incur.
A+ Membership Subscription and Other Paid Features
LitCharts is free, but if you would like to upgrade to an A+ membership subscription or any other paid features (the "Service"), the following terms apply.
Billing and Payment
LitCharts bills you through an online account for use of the Service. You agree to pay LitCharts all charges you subscribe for on the Website using this online account. LitCharts may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
(1) Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. In the event of a price increase, LitCharts will notify you before your subscription renews. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically you can cancel your account at any time. For step-by-step guidelines on how to cancel, please see our Subscription FAQ.
(2) By subscribing, you authorize LitCharts to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if LitCharts does not receive payment, you agree that LitCharts may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received. Upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received. If you do not terminate your subscription and/or if you continue to use the Service, you agree that LitCharts is authorized to charge the payment method in your online account. LitCharts may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(1) LitCharts subscribers can cancel existing subscriptions at any time. Canceling means we will not renew your account or bill you again at the end of your current subscription period. For step-by-step guidelines on how to cancel, please see our Subscription FAQ.
(2) If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
LitCharts subscription fees are non-refundable. We reserve the right to issue refunds or credits at our sole discretion in exceptional circumstances. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Promotions and Trial Periods
If LitCharts chooses to offer any type of promotional opportunity or free trial, any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.
LitCharts uses industry standards, including SSL encryption, to safeguard the confidentiality of your personally identifiable information. However, LitCharts cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
Access and Proprietary Rights
So long as you comply with these Terms of Service, you are authorized to access, use, download, and reprint a limited number of copies of information and materials (including web pages, PDFs, or other media) available on the Website and Service only for purposes of your personal and educational use. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds, or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and LitCharts owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute digital versions of the Content protected by copyright (such as our printable PDF LitCharts), or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. However, you may distribute print copies of our printable PDF LitCharts for any educational non-commercial use; for instance a student may share such materials within a study group, or a teacher may share such materials with the students in that teacher’s class or classes. Forwarding digital copies to non-paying subscribers is a violation of copyright law and is not permitted under any circumstances. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks.
The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of LitCharts or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
LitCharts, LitCharts A+, and other identifying marks of LitCharts are proprietary to LitCharts. You may not use these marks for any purpose without the express prior written consent of LitCharts. Except as expressly set forth above, these Terms of Service do not grant to you any express, implied or other license or right under any patent, trademark or copyright of LitCharts or any third party.
In certain instances, LitCharts may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
This Website may contain links to other websites that are not operated or controlled by LitCharts. Use of these links to access other Internet sites is at your own risk. LitCharts is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. LitCharts establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of other websites.
Linking to LitCharts
We encourage linking to all LitCharts.com pages and you do not need our permission to do so. We request that instead of linking to copies of our PDFs hosted elsewhere that you link directly to LitCharts.com pages, where users can then download our PDFs legally. It is a violation of copyright law to link directly to any LitChart PDF file.
Disclaimer of Warranties; Limitation of Liability
LitCharts does not guarantee that files available for viewing or downloading through the Website and Service will be free of contaminating or damaging code such as viruses, trap doors and the like. LitCharts does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Website and Service or on the Internet generally. Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users. This information is not verified or substantiated by LitCharts and LitCharts is not responsible for any inaccuracies or omissions.
YOU AGREE THAT USE OF THE WEBSITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS,"WITHOUT WARRANTY OF ANY KIND. LITCHARTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LITCHARTS MAKES NO WARRANTY THAT THE WEBSITE AND SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE AND SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LITCHARTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE AND SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. LITCHARTS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE AND SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE AND SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITCHARTS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER LITCHARTS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE AND SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
You agree to indemnify and hold LitCharts, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement, which includes losses and expenses (including attorneys’ fees) arising from third party claims relating to (a) your use of the Service or Website (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Your use of the Website and Service is subject to all applicable local, state, national and international laws and regulations. LitCharts retains the right, at LitCharts's sole discretion, to determine whether or not your conduct is consistent with this Agreement and LitCharts's operating rules or policies and may terminate your access to and use of the Website and/or Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. Without limitation, LitCharts reserves the right to terminate your access to and use of the Service.
You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.
LitCharts will publicize any necessary notices by posting them on the Site. You authorize LitCharts to send notices via electronic mail as well if LitCharts decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
Changes to Terms of Service
These terms were last changed on January 2, 2017. LitCharts LLC reserves the right to modify or amend this policy at any time by posting the revised Terms of Service on our site. The changes will only affect the information we collect after the effective date of the change unless we clearly express otherwise.