WEB SITE TERMS AND CONDITIONS OF USE

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, please contact

Pearson at dataprivacyUS@pearson.com.

A. RESTRICTIONS ON USE OF MATERIALS

1. 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) institutions, customers, or organizations (“Education Agency”) 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.

2. 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.

3. For Students, and Parents and Guardians of students with assessment reports

available on this Site, Pearson may require you to access this Site by responding to

specific questions 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. To the extent you are accessing your student’s information on this Site, you

acknowledge and confirm that you are the parent or legal guardian for the student whose

information you are accessing, or you are an Eligible Student accessing your own

information, and that you are authorized to access this information.

4. 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 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 and/or

the Education Agency which sponsors the authorized users’ Assessment Program.

5. 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 is 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. Use of robots, bots,

spiders, crawlers, scripts, code, software, or any manual or automatic device, program,

tool, algorithm, process, or methodology designed to data mine or scrape the material,

content, data, or information from the Services, or otherwise use, access, acquire, copy,

collect, or monitor the material, content, data, or information from the Services using

automated means and without the prior written permission of Pearson is strictly

prohibited.

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

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. 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 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.

Effective Date: May 15, 2024