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Perspective™ Website Terms and Conditions of Use

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Perspective™ 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

USER ACCESS
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. This site is intended to provide educational resources and materials to Educators and Families. 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 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.

Pearson does not 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.

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.

LINKING
This website 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 website, or if You link to this website from some other website, You do this entirely at Your own risk.

If You link to another website, You are leaving the Pearson website. 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.

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.

Pearson reserves the right, at its discretion, to change, modify, or remove portions of these Terms and Conditions of use at any time. The effective date and time of these terms and conditions is July 1, 2007 at 12:01 A.M. Your continued use of this website following the posting of changes to these Terms and Conditions of Use will constitute Your acceptance to those changes.

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.

Copyright © 2009 Pearson Education, Inc. or its affiliate(s). All rights reserved.