TERMS AND CONDITIONS OF USE

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions of Use (“Terms of Use”) set forth the general conditions of your use of this website or app (the “Site”) and all related services (the “Services”). By accessing or using this Site and its Services, you acknowledge and agree to the Privacy Policy and Terms of Use for this Site, and represent: (1) you have read and understood these terms; and (2) you agree to use the Services in compliance with these terms, all applicable local, state, national, and international laws and regulations, and the rules or policies of your Education Agency (as applicable). If you do not agree to these Terms of Use, you are prohibited from using this Site. NCS Pearson, Inc. (“Pearson”) reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Site following the posting of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance of those changes. If you have any questions concerning the Privacy Policy or these Terms of Use, please contact Pearson at dataprivacyUS@pearson.com.

 

A. RESTRICTIONS ON USE OF MATERIALS

  1. This site is operated by NCS Pearson, Inc. and/or its affiliates (“Pearson”). Pearson is under contract with certain education agencies (including state and local education agencies) institutions, customers, or organizations (“Education Agency”) to provide services for designated educational assessment programs (“Assessment Programs”). Each Education Agency contracts with Pearson to provide this site pursuant to specifications determined and approved by the 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 Terms 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 username and password (distributed to users by the Education Agency) to users that are authorized by the Education Agency sponsoring the Assessment Program.
  4. All content on this Site is copyrighted by Pearson, its licensors, or the Education Agency. No material may be distributed, downloaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, circulated, or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of Pearson and/or its Education Agency. Use of robots, bots, spiders, crawlers, scripts, code, software, or any manual or automatic device, program, tool, algorithm, process, or methodology designed to data mine or scrape the material, content, data, or information from this site and related applications and services, or otherwise use, access, acquire, copy, collect, or monitor the material, content, data, or information from this site and related applications and services using automated means and without the prior written permission of Pearson is strictly prohibited.
  5. Personally identifiable information, educational assessments, and any other materials or information 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.
  6. Pearson reserves its rights to use the works, content, and data made available by it (collectively “Works”) for the purpose of text and data mining, i.e. for the automated analysis of individual or multiple digital or digitized Works for the purpose of obtaining or generating information, in accordance with Article 4 (3) of Directive (EU) 2019/790. Use of such Works for text and data mining is only permitted with the express and written consent of Pearson and otherwise prohibited.

 

B. DISCLAIMER

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.

 

C. INDEMNIFICATION

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 AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON AND THE 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, AS APPLICABLE.

 

E. TERMINATION

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.

 

F. OTHER

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.

 

G. PRIVACY

Pearson's data collection and use practices for the Services are explained in the Privacy Notice applicable to each Service. We will collect, process, and use your personal information in accordance with the applicable Privacy Notice. Users of this site must review and uphold the terms of the Privacy Policy found on this site.