Terms Applicable to HMH Parent Portal

In addition to the General Terms applicable to all Products and the Privacy Policy for HMH PreK-12 Products, the following terms are applicable to the use of the HMH Parent Portal. In the event of a discrepancy between the General Terms (as applicable) or the Privacy Policy for HMH PreK-12 Products and the Terms Applicable to HMH Parent Portal, the Terms Applicable to HMH Parent Portal shall apply.

These HMH Parent Portal Terms (“Terms of Use”) apply to the use of the Parent Portal provided by HMH Education Company (“HMH” or “we”).

You can access the Parent Portal because your child’s school, district, or other organization (“School” or “your School”) has added you as an authorized user of the Parent Portal, in connection with your School’s subscription to HMH products. Before using the Parent Portal, please read these Terms of Use carefully. It governs your use of the Parent Portal and is a binding contract between you (“Parent,” “you”, or “your”) and HMH. 

BY CLICKING AN “I AGREE” OR “I ACCEPT” BUTTON; COMPLETING THE REGISTRATION PROCESS; AND/OR USING THE PARENT PORTAL, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE AND THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE AUTHORITY TO ENTER INTO THIS TERMS OF USE PERSONALLY. If you do not agree with every provision in these Terms of Use or are not at least eighteen (18) years old, then you may not use the Parent Portal in any way.

1. Accounts.
   To use certain features of the Parent Portal, you and/or your School must register you for an account (“Account”) using information that you supply to your School (such as your email address and your association as parent/guardian with a child). You represent and warrant that: (a) all required registration information you submit to your School or directly to us is truthful and accurate; (b) you are authorized to receive information about the child or children associated with your account in the Parent Portal, (c) you will maintain the accuracy of such information, and (d) you will not attempt to gain unauthorized access to an account of another student. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. HMH cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
    

2. Parent Portal 
    

   2.1 Access and Use
   Subject to these Terms of Use, HMH grants you a limited non-exclusive, non-transferable, non-sublicensable, non-assignable, license to use a copy of the Parent Portal on a single computer that you own or control and to use and access the Parent Portal solely for your own personal, non-commercial use, subject to any use limitations put in place or provided by Parent Portal. Any future release, update or other addition to the Parent Portal shall be subject to the Terms of Use. Any unauthorized use or misuse of the Parent Portal terminates the licenses granted by HMH pursuant to the Terms of Use. HMH endeavors to make the Parent Portal accessible twenty-four (24) hours a day, but you may experience occasional downtime because of routine or emergency maintenance or events beyond our reasonable control. Please note that in accordance with Texas law, you will not have access to tests, exams, and instructional materials developed by the teacher.

   2.2 Support and Maintenance
   Your School is the main account holder of the HMH products with which the Parent Portal is associated. Because your School understands how it has implemented and uses the HMH products with which the Parent Portal is used, you should contact your school, and not HMH, if you have any questions about the Parent Portal or information contained in the Parent Portal. You acknowledge and agree that your School (rather than HMH) will provide you with support or maintenance in connection with this Parent Portal.

   2.3 Modifications or Discontinuation
   2.3.1 By Your School Because your School manages its HMH account, including managing this Parent Portal, your School reserves the right, at any time, to modify or suspend the Parent Portal (or any part thereof) without notice to you. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

   2.3.2 By HMH
   You acknowledge and agree that HMH may update the Parent Portal with or without notifying you. You may need to update third-party software from time to time to use the Parent Portal.

   2.4 Acceptable Use
   2.4.1 By Your School Your School may have an acceptable technology use policy that applies to users of its accounts (including your account on the Parent Portal), devices, and network. If you have any questions or are unaware of your School’s policies that might apply to your use of the Parent Portal, please ask your School administrator for a copy of all appropriate policies, including any acceptable technology use policies that apply.

   2.4.2 By You
   We need your help to ensure that the Parent Portal is used safely and appropriately. Subject to applicable law, you shall not, directly or indirectly, and shall not authorize any third party to: (a) share your login credentials for the Parent Portal which have been assigned to you to anyone besides yourself, including with your student or other parents, make the Parent Portal available on a service bureau basis, or otherwise access or use the Parent Portal for the benefit of a third party; (b) access any student information in connection with the Parent Portal; (c) export, sell or distribute any content or portion of the Parent Portal, allow access to it (or any content or other portion thereof) by any third persons; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, structure, ideas, algorithms, or associated know-how of, the Parent Portal, or reconstruct, or discover, any hidden or non-public elements of the Parent Portal; (e) translate, adapt, or modify the Parent Portal or any portion thereof; (f) write or develop any program based upon the Parent Portal or any portion thereof, or otherwise use the Parent Portal in any manner for the purpose of developing, distributing or making accessible products or services that compete with the Parent Portal; (g) sell, sublicense, transfer, assign, lease, rent, distribute, or grant a security interest in the Parent Portal or any rights thereto; (h) transmit unlawful, infringing, or harmful data or code or any other data or code that you are not authorized to transmit, either to or from the Parent Portal; (i) interfere with, disrupt, or create an undue burden on servers or networks connected to the Parent Portal; (j) attempt to gain unauthorized access to the Parent Portal (or to other computer systems or networks connected to or used together with it); (k) alter or remove any trademarks or proprietary notices contained in or on the Parent Portal; (l) engage in framing, mirroring, or otherwise simulating the appearance or function of the Parent Portal; or (m) otherwise use the Parent Portal except as expressly permitted hereunder.
    

3. Term and Termination
    

   3.1 Term
   Subject to this Section, these Terms of Use will remain in full force and effect while you use the Parent Portal. If your School’s account with us expires or terminates, your access to the Parent Portal will also terminate with or without notice to you.

   3.2 Termination; Suspension
   We may terminate your rights to use the Parent Portal if you breach any term contained herein. In addition, HMH, may at its discretion, suspend your access to the Parent Portal for your breach of this Terms of Use, if HMH has reasonable grounds to suspect that any Account information provided by you is untrue, inaccurate, not current or incomplete, or if HMH deems it reasonably necessary to avoid or mitigate harm to HMH, you, any other of HMH’s customers, users, or a third party if access to the Parent Portal were not suspended, or to comply, in our sole discretion, with legal requirements; provided that access is reinstated as soon as reasonably practicable after the circumstances given rise to the suspension have abated.

   3.3 Effects of Termination
   Upon termination of your rights under these Terms of Use, your Account and right to access and use the Parent Portal will terminate immediately. HMH will not have any liability to you for any termination of your rights under these Terms of Use, including for termination of your Account.