Effective February 12, 2018
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU INDICATE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
These Website Terms and Conditions apply only to this Site. Other websites, including other Pearson websites linked through or to this website, may have their own terms and conditions and policies. Your use of any other website is subject to those terms and conditions and policies for the other website.
NCS Pearson, Inc. and/or its affiliates ("Pearson", "we", "our" or "us") provide this website expressly subject to the following terms and conditions ("Terms"). We may change or modify these Terms from time to time. If a modification or change is unacceptable to you, you may terminate this agreement by ceasing to use the website. Please review these Terms to ensure they are acceptable to you. Any use by you of this website constitutes your agreement to be bound by the Terms.
When you use or visit this website or send e-mails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Pearson grants you a limited license to access and make personal use of this site, subject to the Terms. This site and any portion hereof may not be reproduced, duplicated, copied, downloaded (other than page caching), sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pearson. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Pearson and/or its affiliates without the express written consent of Pearson. You may not use any meta tags or any other "hidden text" utilizing Pearson's name or Marks without the express written consent of Pearson. Any unauthorized use terminates the license granted by Pearson.
You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site or render the site inaccessible to others or otherwise cause damage to the site or its contents. You agree not to use the site in any manner that might interfere with the rights of others.
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.
If you use this site through a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Pearson.com only with involvement of a parent or guardian. Pearson reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any third party may be allowed to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Pearson reserves the right (but not the obligation) to remove or edit such content. You acknowledge, agree and understand that Pearson does not regularly review posted content on the website.
If you do post content or submit material, and unless Pearson agrees in an executed signed writing otherwise, you grant Pearson a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pearson and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pearson for all claims resulting from content you supply. Pearson has the right but not the obligation to monitor and edit or remove any activity or content. Pearson takes no responsibility and assumes no liability for any content posted by you or any third party.
Pearson gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PEARSON ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY. PEARSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEARSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PEARSON DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM PEARSON OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARSON DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PEARSON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Our website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.
Notwithstanding anything contained in this Agreement, in no event shall Pearson be liable to you for losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, arising out of, or related to, material on our website or the use of, or the inability to use anything connected to the website, whether in contract, tort including negligence, statute or any other theory) even if Pearson has been advised or has knowledge of the possibility of the potential loss or damage in advance or otherwise. Liability of Pearson for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services or the cash equivalent, in Pearson's sole opinion.
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 or licensors ("Pearson Content") and protected by United States and international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such Pearson Content is the property of Pearson or licensors. Pearson and its licensors retain all proprietary rights in such Pearson 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.
We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you have any copyright concerns about any materials posted on this Site by others, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
DMCA Designated Agent – Legal Department
NCS Pearson, Inc.
5601 Green Valley Road
Bloomington, MN 55437
Fax: (952) 861-3066
To be effective, the Notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Site ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Site;
Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Terms are governed by and shall be interpreted pursuant to the internal laws of the state of Minnesota, U.S.A without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the state and federal courts of Minnesota, Hennepin County.
We reserve the right to add or change these Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.
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.
The Terms constitute the whole legal agreement between you and NCS Pearson and govern your use of the website and any content and completely replace and supersede any prior agreements between you and Pearson, whether written or oral, in relation to the website or any service thereof.
If a provision of this Section is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.