Minnesota

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you (referred to as "You" or "Your") 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. Other Pearson websites available via the PearsonAccess^TM Assessment Network Web Site may also include their own, more specific Terms and Conditions for usage in addition to the Terms and Conditions listed in this policy. Your continued use of PearsonAccess^TM Assessment Network Web site following the posting of changes to these terms and conditions (including the Privacy Policy below) will constitute Your acceptance of those changes.

RESTRICTIONS ON USE OF MATERIALS
This site is operated by Pearson, (collectively referred to as "Pearson," "we," "us," or "our" herein), a business of NCS Pearson, Inc. No material from PearsonAccess^TM Assessment Network Web Site or any Web site owned, operated, licensed, or controlled by Pearson may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download one copy of the materials on any single computer for Your internal organizational use only, provided that (i) You keep intact all copyright and other proprietary notices, and (ii) You make no modifications to the materials. All trademarks, service marks, and trade names are proprietary to Pearson or the third party owner of such mark or name and in any case must not be copied or replicated unless with the permission of and subject to the requirements of the owner.

In the event You download software (including any files, images incorporated in or generated by the software, and data accompanying the software), information or materials from this site (collectively, the "Materials") the Materials are thereby licensed to You by Pearson. Pearson does NOT transfer title to the Materials to You. You retain the rights You may have to the medium on which the Materials are recorded, but Pearson retains full and complete title to the Materials, and all intellectual property rights therein. You may not, and You agree not to, redistribute, disclose, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Materials to a human-readable form.

In the event You utilize a PearsonAccess^TM Assessment Network Web Site to administer an assessment, You must retain the confidential and security integrity of the test information (including, but not limited to, test questions, graphics, charts, and test forms). You may not, and You agree not to use unreleased test items in any form (including rewording of such test items), or expose any student to unreleased test items or to the answers to the unreleased test items prior to or following test administration. You are prohibited from attempting to formally or informally record answers and manually score Web-based tests, and from providing students with the answers to any unreleased test items, and from making any suggestion as to how to respond to a test item at any time, whether before, during, or after test administration. This prohibition includes provision of cues, clues, hints, and/or actual answers in any written, printed, verbal and/or non-verbal form (including chalkboards, charts, and bulletin boards). In addition, You are prohibited from falsely logging into a Web-based test as a student, current or fabricated, to view any tests. You may only log in and take a Web-based test if Your name appears on a test ticket. Copying, printing, or photographing any part of a test or taking notes about the items is strictly prohibited. Test materials may not be reproduced or used in any form or by any means, electronic, mechanical, including photocopying or recording or by any information storage or retrieval systems.

Access to services on these websites is password protected. You should maintain the confidentiality of Your username and password. You should remember to always log-off when exiting any of the PearsonAccess^TM Assessment Network Web Sites and to NOT share or divulge Your password.

SUBMISSIONS Pearson welcomes Your comments regarding Pearson products, including Pearson?s online services. However, Pearson does not want to receive confidential or proprietary information from You through its Web site or otherwise. You agree and confirm that any information that Pearson receives through its Web site, other than Your personally identifiable information, as explained in Pearson?s privacy policy, will be deemed to be and is intended by you to be NON-CONFIDENTIAL. It is the intent of this policy to avoid the possibility of future misunderstandings. We do value Your non-confidential feedback on our services and products, but we require and You agree You will be specific in Your comments on those services and products, and You will not submit any creative ideas, suggestions, materials or any information that You consider to be confidential or proprietary.

If at our request You send certain specific submissions (e.g., student data files) or, despite our request that You not send us any other creative materials, You send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), You unconditionally agree that the Submissions shall be deemed, and shall remain, the property of Pearson . None of the Submissions shall be subject to any obligation of confidence on the part of Pearson, and Pearson shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Pearson shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the 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 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, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PEARSON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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 OR ANY OTHER HYPERLINKED WEB SITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY AND ALL LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF PEARSON OR AN PEARSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 NO EVENT SHALL PEARSON?S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent immediately to Pearson, Office of General Counsel, 11000 Prairie Lakes Drive, Eden Prairie, MN 55344. See NON-INFRINGEMENT.

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.

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. You agree that 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 and submit 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except by Pearson as provided for above or in a written understanding signed by both parties.

NON-INFRINGEMENT Pearson warrants that the products in their standard form will not infringe any valid United States patents or copyrights existing at the time of product delivery, provided, however, that this warranty does not extend to any infringement arising out of the use of the products in combination with systems, software, or equipment, not supplied by Pearson or any use of the products outside the United States. If You promptly notify Pearson of any such infringement claim of which You have knowledge or notice, and accord Pearson the right, at its sole option and expense, to handle the defense of the infringement claim, Pearson will indemnify and hold You harmless from and against the amount finally awarded in such infringement claim. If such an infringement claim arises and Pearson becomes aware of such a claim, Pearson may, in its discretion, furnish You with non-infringing replacement products.

PRIVACY Pearson respects Your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to Your privacy.

Pearson will only collect personally identifiable information (such as school name, school district, student names, student grade, student class, etc) that You voluntarily provide through our Website or e-mail correspondence. The information You supply will be used by Pearson for responding to Your inquiries regarding, but not limited to: creation, delivery, scoring, reporting and analysis of summative, formative, English language, and alternative assessments, as well as many other custom online and paper-based testing and reporting services. Pearson may use such personally identifiable information to set-up and provide user access, to supply products and services (including but not limited to assessments, scoring and reporting and of student progress) to participating schools or school districts. Pearson may transfer personally identifiable information to affiliated companies and contractors of Pearson, who are obligated to take appropriate, commercially reasonable steps to maintain the confidentiality of such information and use it solely for the purposes specified in this Privacy Statement. Pearson will take appropriate, commercially standard steps to keep all personally identifiable information about students and teachers confidential.

It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release Your personally identifiable information. In addition, Pearson may release Your personally identifiable information when disclosure is directed by Your school.

Pearson will not, through a PearsonAccess^TM Assessment Network Web Site, knowingly collect any personally identifiable information about anyone under the age of 13.

If You have submitted information to Pearson electronically and would like it removed or modified, please contact us. We will use reasonable efforts to comply with Your request.

The PearsonAccess^TM Assessment Network Web Site may contain links to other non-Pearson sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. Additionally, some of our Web pages may contain "cookies," which are data that may be sent to Your Web browser and stored on Your computer, and may identify Your computer, browser, and Internet specifications. This allows our server to "recognize" You when You visit our Web site in the future. Most Web browsers can be configured to not accept cookies, or to notify You if a cookie is sent to You.

Pearson reserves the right to modify this privacy policy at any time. We will promptly reflect any such modifications in these Web pages.

PRIVACY Pearson respects Your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to Your privacy.

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