Terms and Conditions of Use

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to the terms and conditions listed on this page. If you do not agree to be so bound, please exit this website immediately. In that case, you may pursue other processes for registration that do not depend upon access to this website or you may contact Pearson directly for further information.

Restriction on Use of Materials

This site is operated by the Evaluation Systems group of Pearson, a business of NCS Pearson, Inc. ("Pearson"). The materials posted on these pages by Pearson may be retrieved solely for your own personal noncommercial use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. In doing so, you may not remove or alter any trademark, copyright, or other proprietary notice. You may not otherwise copy, modify, or distribute the contents of these pages without the express written permission of Pearson. 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.

Disclaimer of Warranties/Exclusions of Consequential Damages

PEARSON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEARSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES. PEARSON MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. PEARSON ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT. PEARSON MAY MAKE CHANGES TO THE CONTENTS, OR TO THE SERVICES OR MATERIALS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. PEARSON MAKES NO COMMITMENTS TO UPDATE THE CONTENTS.

Disclaimer of Liability

PEARSON, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS DISCLAIMER OF LIABILITY APPLIES TO DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE.

In addition to the terms set forth above, Pearson shall not be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this website, or for any delay or interruption in therefrom or occasioned thereby. Pearson shall not be liable for any third-party claims or losses of any nature, including, but not limited to, punitive or consequential damages.

Termination

These Terms and Conditions of Use 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 website 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 of Use.

Pearson reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions of Use at any time. The effective date and time of these terms and conditions is October 15, 2007, at 12:00 p.m. EDT. 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.

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.

Choice of Law/Consent to Jurisdiction

These pages are controlled and operated by Pearson in the United States and intended for use within the United States. Pearson makes no representations that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Minnesota, except with regard to laws pertaining to choice of law. Any action to enforce these Terms and Conditions of Use shall be brought solely in the federal or state courts located in the Hennepin County, State of Minnesota. You expressly submit to the jurisdiction of said courts, and consent to extraterritorial service of process. The language in these Terms and Conditions of Use shall be interpreted as to their fair meaning and not strictly for or against any party. If any provision of these terms shall be deemed 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.

Entire Agreement

You agree to the terms and conditions outlined in these Terms and Conditions of Use with respect to the service and content provided by this website. This Agreement constitutes the entire and only agreement between you and Pearson and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the website, the content and services provided by or through the website, and the subject matter of this agreement. This agreement shall not be modified except by Pearson as provided for above.

Headings

Should any of the provisions of these Terms and Conditions of Use be declared or determined by any court to be illegal or invalid, the remaining provisions will not be affected and the illegal or invalid provisions shall not be deemed a part of these Terms and Conditions of Use. The headings of each of the Terms and Conditions of Use are for convenient reference only. They are not a part of the Terms and Conditions of Use themselves; they do not necessarily reflect the entire subject matter of each provision; and they are not intended to be used for the purpose of modifying, interpreting, or construing any of these Terms and Conditions of Use.