A. RESTRICTIONS ON USE OF MATERIALS
1. This site is operated by NCS Pearson, Inc. ("Pearson"). Pearson is under contract with certain education agencies (including state education agencies) and educational institutions or organizations ("Education Agency") or Customers to provide services for designated educational assessment programs ("Assessment Programs"). Each State Education Agency contracts with Pearson to provide this site pursuant to specifications that are developed for the State Education Agency.
2. To the extent that You are an Education Agency using this Site as provided in the contract with the Education Agency, and in the event any of these Website Terms and Conditions of Use conflict with the terms of the contract with the Education Agency, the terms of the contract with the Education Agency shall apply.
3. Pearson restricts access to the site by password to users that are authorized by the Education Agency sponsoring the Assessment Program. Some authorized users, including School District personnel, may use the Site to submit personally identifiable information to Pearson to allow for the registration, processing, and scoring of educational assessments, to order materials for educational assessments, view and download score reports, and for related services. Other authorized users, including students or parents, may access portions of this site to view student results and related information.
4. Personally identifiable information, score reports, or materials found on this Site may not be disclosed to any unauthorized third party, or used for any purpose not authorized by the Education Agency which sponsors the applicable Assessment Program. No data or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that is not authorized by these Terms and Conditions of Use or the Education Agency which sponsors the authorized users' Assessment Program.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARSON AND EDUCATION AGENCY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON AND EDUCATION AGENCY DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND ACCOUNT HOLDERS OTHER THAN EDUCATION AGENCIES AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON AND EDUCATION AGENCY FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY PEARSON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
D. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEARSON AND EDUCATION AGENCY BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO WAIVE OR LIMIT THE SOVEREIGN IMMUNITY OF THE EDUCATION AGENCY.
You may terminate your use of this site at any time by ceasing to use this site. Your use of this site may also be terminated immediately by the Education Agency or Pearson if in the Education Agency or Pearson's sole determination you fail to comply with any term or provision of these terms and conditions.
Except as stated in A.2, these terms shall be governed by and construed in accordance with the laws of the State of Minnesota or the Eighth Circuit (for U.S. law where applicable), without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Copyright © 2010 Pearson Education, Inc. or its affiliate(s). All rights reserved.
Effective Date: July 1, 2014