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Terms of Use

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IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENT, GUARDIAN OR TEACHER, AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

You have reached the Terms of Use for the GradPoint product, a web-based software application offered by NCS Pearson, Inc. (“Pearson”) that provides instructional course content. This website (the “Site”) is made available by Pearson to Authorized Users (as defined below) of those schools, school districts, or other educational institutions or organizations that have licensed the GradPoint product from Pearson (each, a “Licensed Organization”)

By accessing this Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this Site and you should not do so.

General Terms

This Site permits students, teachers or other Authorized Users (as defined below) to log into the GradPoint product using their assigned user name and password, as supplied by such users’ Licensed Organization.

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement), collectively referred to as the “Terms of Use.” These Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting, and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site provides a helpful and reliable experience for users. To protect our rights and yours, we have prepared these Terms of Use, which apply to all users of this Site. If you have any questions concerning these Terms of Use, please contact us.

BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IF YOU ARE NOT AN AUTHORIZED USER WHO HAS BEEN PROVIDED ACCESS TO THE GRADPOINT PRODUCT BY A LICENSED ORGANIZATION, YOU MAY NOT ATTEMPT TO ACCESS THE GRADPOINT PRODUCT FROM THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

Pearson is concerned about the safety and privacy of all users of this Site, particularly children. Please read our Privacy Statement, which is an important part of these Terms of Use.

Authorized User License

You must be an Authorized User if you are attempting to use a user name and password to access the GradPoint product from this Site. You are an “Authorized User” only if (i) you are a student, teacher, administrator or other employee of a Licensed Organization that purchased or otherwise obtained access to the GradPoint product from Pearson, (ii) such Licensed Organization provided you with a valid user name and password to access the GradPoint product in accordance with the terms of its license with Pearson, and (iii) your access to the GradPoint product has not been terminated (either by your Licensed Organization or by Pearson). If you are not an Authorized User, you may not view or otherwise use this Site, and any such use shall be a violation of these Terms of Use. Authorized Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the GradPoint product through this Site for their personal, educational, instructional and administrative purposes only. All such usage must be consistent with the Licensed Product Agreement governing your Licensed Organization’s use of the GradPoint product. Except as specifically permitted by such Licensed Product Agreement, you agree not to copy, adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials from this Site or the GradPoint product unless specifically authorized in writing by Pearson to do so. Neither Pearson nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Representation and Warranty

As a condition of 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 represent and warrant that, if you are using a user name and password to access the GradPoint product through this Site, you are an Authorized User. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site. If you are an Authorized User, you further agree not to distribute, share, post or display to any other party the user name or password provided to you for access to this Site, and you agree not to use such user name or password in any manner inconsistent with these Terms of Use.

Termination

Pearson reserves the right at any time to discontinue, temporarily or permanently, this Site or any part thereof or terminate your access to this Site or any part thereof. Pearson also may modify or adapt this Site or any of its instructional or other content at any time without any notice or obligation to you, at Pearson’s sole discretion. To the extent that you are an Authorized User, your Licensed Organization may also terminate your access to the GradPoint product accessible through this Site, at its discretion. Your right to use and otherwise access this Site is automatically terminated if you violate these Terms of Use. You agree that Pearson will not be liable to you or any other party for any modification, suspension, or discontinuation of this Site, or any part thereof. Upon termination of your right to use this Site, you must cease all access to this Site. All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Pearson’s ownership rights and your representations and indemnities shall survive termination.

Copyright and Trademark Notices

The contents of this Site and any supporting software are the proprietary property of Pearson and/or its affiliates and licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site, except as specifically permitted herein, is strictly prohibited.

You agree not to display, disparage, dilute, or taint any trademarks of Pearson or its affiliates (“Pearson Marks”) or use any confusing similar marks or use the Pearson Marks in such a way that would misrepresent the ownership of such marks. Any permitted use of the Pearson Marks by you shall be to the benefit of Pearson and its affiliates.

Submissions

Pearson always welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to this Site or to Pearson, either online or offline, will become Pearson’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.

User Content

To the extent that portions of this Site or the GradPoint product provide users with an opportunity to communicate with each other, to post and exchange information, ideas and opinions, or to create, input, upload, or post content (collectively, “User Content”), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW USER CONTENT PRIOR TO ITS APPEARANCE ON THIS SITE OR WITHIN THE GRADPOINT PRODUCT. To the fullest extent permitted by applicable law, Pearson shall in no event have any responsibility or liability for User Content or for any claims, damages, or losses resulting from its use and/or appearance on this Site. Pearson reserves the right (but shall not be obligated) to monitor all User Content and to remove any which it considers at its sole discretion to be offensive, inappropriate or otherwise in breach of these terms and conditions.

You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all material contained therein; that your User Content shall not infringe any proprietary or other rights of third parties; that your User Content shall not contain any viruses or other contaminating or destructive devices or features; that your User Content shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your User Content shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Links to Third Party Websites

This Site may provide links to third party websites. Since Pearson does not control third party websites, the inclusion of a link to a third party website does not constitute or imply an affiliation, endorsement, authorization, or sponsorship by Pearson of that website, or any products or services provided therein, nor does it imply an endorsement or sponsorship by such website’s owner or operator of Pearson’s products or services. Third party websites are not covered by these Terms of Use or any other policies or terms applicable to this Site. A third party website may have its own terms of use and privacy policies, as well as information and data collection practices, to which you will be subject when visiting the website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE ONLY WARRANTIES THAT APPLY WITH RESPECT TO THE USE OF THIS SITE AND THE GRADPOINT PRODUCT ARE THOSE THAT MAY BE PROVIDED BY PEARSON TO YOUR LICENSED ORGANIZATION IN PEARSON’S LICENSED PRODUCT AGREEMENT WITH THE LICENSED ORGANIZATION. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS TO YOU AS AN AUTHORIZED USER. PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED BY PEARSON IN ITS LICENSED PRODUCT AGREEMENT WITH THE LICENSED ORGANIZATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL PEARSON, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PEARSON OR AN AUTHORIZED PEARSON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THIS SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THIS SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Pearson and its affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Pearson by any third party due to or arising out of your breach of any representation, warranty or obligation under these Terms of Use, your violation of these Terms of Use, or your violation of any rights of another user.

Support

If you are a teacher, administrator or other employee of a Licensed Organization and require support in connection with your use of the GradPoint product, please contact our support help desk. If you are a student or parent, support is not available to you directly from Pearson; please direct any questions you have regarding your use of the GradPoint product to your Licensed Organization.

General Information; Governing Law

These Terms of Use, along with the Licensed Product Agreement between your Licensed Organization and Pearson, constitute the entire agreement applicable to your use of this Site and the GradPoint product. These Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota with respect to any legal claim or action arising from your use of the Site. The failure of Pearson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted by others on this Site, or within the GradPoint product, please let us know. Pearson complies with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting Pearson’s designated agent at the following address:

Designated Agent
Legal Department
NCS Pearson, Inc.
5601 Green Valley Drive
Bloomington, MN 55437
Facsimile: 952-681-3066
E-mail: dmca.copyright.issues.ncspearson@pearson.com

To be effective, the Notice must include the following:

Violations

Please contact us if you become aware of any violations of these Terms of Use.

Revised July 31, 2012