WEB SITE TERMS AND CONDITIONS OF USE

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

Before using edReports and its services (“Site”), please read these Terms of Use and the Privacy Policy carefully. By using this Site, you acknowledge that you understand, accept and agree to the terms of the Privacy Policy and the Terms of Use for this Site. 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 as set forth below. Your continued use of the Site following the notification of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance of those changes. If you have any questions concerning this Privacy Policy or the Terms of Use for this Site, please contact Pearson at dataprivacy@pearson.com.

Restrictions on Use of Materials.

The Evaluation Systems business of NCS Pearson, Inc. (“Pearson”) operates this Site. Pearson is under contract with certain state education agencies (“Education Agencies”) to provide services for designated education preparation programs (“Education 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 authorized user using this Site as provided in the contract with an Education Agency, and in the event any of these Website 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.
Pearson restricts access to the Site by password to users that are authorized by the Education Agency sponsoring the Education Program (“Users”). Authorized Users may submit personally identifiable information to Pearson in order to set-up an account to use the Site to access test and examinee scores and data, reports and other Education Program information.
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 Education 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’ Education Program.
You are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of Pearson's, the Education Agency’s or third party copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by Pearson to do so.

Unlawful Use.

As a condition of your 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 agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or its contents or interfere with any other party's use and enjoyment of this Site. You agree not to take any action that might compromise or penetrate the security of this Site or its contents. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site. You agree to immediately notify dataprivacy@pearson.com of any unauthorized use of your account or any breach of security.

User Postings.

You agree that you have all legal right, title, and interest to use and submit the materials you upload to this Site. You agree not to post or submit any content, comments, suggestions or questions to the Site that: (1) are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or constitutes spam, political campaigning, commercial solicitation, a chain letter or a mass mailing; (2) contain any viruses or malware;

By using this Site you: (1) understand that Pearson reserves the right to remove or edit any submissions or content to the degree to which Pearson reviews posted content, however, Pearson has no obligation to review or monitor content except as expressly stated; (2) grant the right and license to Pearson to use and display the content and your name in connection with the content; (3) represent, warrant, and agree to indemnity and hold harmless Pearson and the Education Agency for any of your submissions or postings; and (4) disclaim any Pearson responsibility for your postings and submissions.

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.

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 AGENCY 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.

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.

Linking.

This Site may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of Pearson. In either case, the linked (or linking) websites are not under the control of Pearson and Pearson is not responsible for the content of any linked website or any link contained in a linked website. Pearson reserves the right to terminate any link or linking program at any time. Pearson does not endorse companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third party websites linked to this Site, or if you link to this Site from some other website, you do this entirely at your own risk.

If you link to another website, you are leaving the Pearson Site. By providing this linking service, Pearson is not undertaking any responsibility or liability for the information or publications of third parties on the internet even if you access them through these pages. Nor does Pearson undertake any responsibility for other websites you link to or materials and content you upload.

Termination.

These terms and conditions are effective so long as you use this Site or until terminated by Pearson, either with or without cause. 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 Pearson, if in Pearson's sole determination you fail to comply with any term or provision of these terms and conditions. Upon any termination, you must destroy all materials obtained from this Site and any and all other Pearson site(s) and all related documentation, copies, and installations thereof, whether obtained or made under these terms or otherwise.

Copyrights and trademarks.

The system and the materials found on this Site are proprietary property of Pearson, and/or its customers, licensors or a third party and are protected by copyright and other intellectual property laws. You agree not to display, disparage, dilute, or taint any trademarks on the Site or use any confusing similar marks or use the trademarks in such a way that would misrepresent the ownership of such mark. Copying, redistribution, or publication of any part of this Site is prohibited.

Digital Millennium Copyright Act Compliance.

If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. - 512). Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Agent Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Facsimile: 201-785-2721
E-mail: dmca.agent@pearsoned.com

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit NCS Pearson, Inc. ("Pearson") to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Pearson Site ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Pearson Site;
Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works at a single Pearson Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other.

Except as stated in paragraph 1 section 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.

Privacy.

Users of this Site must review and uphold the terms of the Privacy Policy found on this Site.

Changes.

We reserve the right to change these Terms of Use from time to time by posting an updated Terms of Use and notifying you of these changes via email, system notification or similar means. These Terms of Use are effective as of May 1, 2017.

Effective Date: May 1, 2017