NCS SCHOOLHOUSE™ WEB SITE TERMS AND CONDITIONS OF USE

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

By using the NCS Schoolhouse™ Website (“Site”), you agree to the terms and conditions listed on this page. If you do not agree to these terms and conditions 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 and conditions at any time. Your continued use of the Site following the posting of changes to these terms and conditions (including the Privacy Policy) will constitute your acceptance of those changes.

RESTRICTIONS ON USE OF MATERIALS

This site is operated by NCS Pearson, Inc. (“Pearson”). Pearson provides this Site as a service pursuant to a contract with a State Education Agency or Customer for an Assessment Program. Pearson restricts access to the site by password to users that are authorized by the Education Agency sponsoring the Assessment Program. Authorized users 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, and for related services. 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 authorized users’ 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.

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 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON DOES 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 AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON 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 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.

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 Pearson if in Pearson's sole determination you fail to comply with any term or provision of these terms and conditions.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in MINNESOTA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. 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.