DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> Terms of Use

TERMS OF USE

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

NCS Pearson, Inc. (“Pearson”) is making this website (the “Site”) available to you through the school, school district or other educational institution or organization (the “Organization”) that purchased access to the Site from Pearson and provided such access to you.

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement), collectively referred to as the “Terms of Use.” These Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site provides a helpful and reliable experience for users. To protect our rights and yours, we have prepared these Terms of Use, which apply to all visitors to this Site. If you have any questions concerning these Terms of Use, please contact us.

BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM, AND THAT YOU ARE AN AUTHORIZED USER (AS DEFINED BELOW). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR YOU ARE NOT AN AUTHORIZED USER, YOU SHOULD NOT USE THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

Pearson is concerned about the safety and privacy of all users of this Site, particularly children. Please read our Privacy Statement, which is an important part of these Terms of Use.

Authorized User License

You must be an “Authorized User” to use this Site. An “Authorized User” shall mean a student, faculty member, administrator, or other employee of an Organization who has gained lawful access to this Site (and such access has not been terminated) from Pearson as provided through the Organization of which such individual is affiliated, and who has received from such Organization a valid username and password to access this Site. If you are not an “Authorized User,” you may not view or otherwise use this Site and any such use shall be a violation of these Terms of Use. Authorized Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for their personal, educational, instructional and administrative purposes only. Modifications of any materials on this Site for any purpose other than as contemplated in the Terms of Use are a violation of Pearson’s and/or its licensors’ copyright and proprietary rights. You agree not to copy, adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials from this Site unless specifically authorized in writing by Pearson to do so. Neither Pearson nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Representation and Warranty

As a condition of use of this Site, you warrant to Pearson that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You represent and warrant that you are an Authorized User. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site. You further agree not to distribute, share, modify, post, display or otherwise exploit the authorized username and password provided to you for access to this Site to any third party or other users, and you will not use the authorized username or password in any manner not consistent with these Terms of Use.

Termination

Pearson reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, this Site or any part thereof or terminate any Authorized User’s access to this Site or any part thereof. Pearson also may modify, delete or adapt this Site at any time without any notice or obligation to the Authorized User at Pearson’s sole discretion. The Organization may also terminate any Authorized User’s access to this Site. Your right to use and otherwise access this Site is automatically terminated (a) if you cease to be an Authorized User or (b) if you violate these Terms of Use. You agree that Pearson will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof. Upon termination of your right to use this Site or your status as an Authorized User for any reason, you must cease all access to this Site. All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Pearson’s ownership rights and your representations and indemnities shall survive termination.

Copyright and Trademark Notices

The entire content of this Site and any supporting software are the proprietary property of Pearson and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of Pearson and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS, AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED.

(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NEITHER PEARSON NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUT BY YOU THROUGH THE USE OF THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS SITE.

Limitation of Liability

IN NO EVENT SHALL PEARSON, ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PEARSON OR AN AUTHORIZED PEARSON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THIS SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THIS SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Pearson and its affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Pearson by any third party due to or arising out of your breach of any representation, warranty or obligation under these Terms of Use, your violation of these Terms of Use, or your violation of any rights of another user.

Submissions

Pearson always welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to this Site or Pearson, either online or offline will become Pearson’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.

General Information; Governing Law

These Terms of Use constitute the entire agreement between you and Pearson, govern your use of this Site, and supersede any prior agreements between you and Pearson concerning this Site. These Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota with respect to any legal claim or action arising from your use of the Site. The failure of Pearson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please contact us if you become aware of any violations of these Terms of Use.

Revised June 2010