WEB SITE TERMS AND CONDITIONS OF USE

Effective Date: April 19, 2023

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

These Website Terms and Conditions of Use (“Terms of Use”) set forth the general conditions of your use of this website or app 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. 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 for this Site, please contact Pearson at dataprivacyUS@pearson.com.

A. RESTRICTIONS ON USE OF MATERIALS

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) and educational institutions or organizations (“Education Agency”) or Customers to provide services for designated educational assessment programs (“Assessment Programs”). Each Education Agency contracts with Pearson to provide this site pursuant to specifications that are developed for the Education Agency.
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.
For Students, and Parents and Guardians of students with reports available on this Site, Pearson may require you to access this Site through an individual authorized link and respond to a specific question about yourself if you are viewing your own report, or about your student in the cases of parents and/or guardians, in order to gain access to the Site. Parents, Guardians, and Students may access this Site to view and download student assessment reports.
Personally identifiable information, assessment materials, or student reporting documents found on this Site may not be disclosed by an authorized user 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 of Use or the Education Agency which sponsors the authorized users' Assessment Program.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of Pearson, the Education Agency, or its contractors/licensors (the “Content”) and protected by copyright, trademark, service marks, patents, and any other intellectual property laws. You acknowledge and agree that all such Content is the property of Pearson, the Education Agency, or its contractors/licensors and the parties retain all proprietary rights in such Content and you may not download, copy, reproduce, modify, distribute, republish, display, post or transmit any part of this website without our express permission in writing.

B. THIRD PARTY WEBSITES

Any links provided to third party websites, or information supplied about third parties (third party information) on NCS Pearson’s websites are supplied as a convenience. Linked sites are not under the control of NCS Pearson; and NCS Pearson is not responsible for any third party linked sites, the contents of such sites, any use of the same, or for third party information. The inclusion of a link or third-party information does not imply endorsement by NCS Pearson of the linked site or third-party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site or by the third party.

C. SOFTWARE DOWNLOADS

Any software available for download from this site is protected by copyright. Use of such software is governed by the terms and conditions of the end user license agreement that accompanies or is included with the software. Downloading, and/or using such software indicates your acceptance of the terms of the end user license agreement.

D. COMPUTER VIRUSES

While it is very unlikely to occur, Pearson is not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that you may experience as a result of visiting this website or any of its links.

E. 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.

F. 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 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.

G. 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.

H. 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.

I. 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.

J. 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.