Effective: January 1, 2008
IMPORTANT NOTE:
These Terms and Conditions of Sale apply to the following: the products and services listed on this website (Site) with the exception of Pearson Inform™, Pearson Benchmark™, PASeries®, GMADE™, GRADE™ and Write to Learn™, which are subject to separate Terms and Conditions of Sale.
These Terms and Conditions of Sale are subject to change; the Terms and Conditions of Sale posted and applicable at the time of order shall govern each order.
Please note that you will be linked to another Pearson website (having its own terms and conditions and polcies) if you click to obtain additional information or place an order for Pearson Inform™, Pearson Benchmark™, PASeries®, GMADE™, GRADE™ or Write to Learn™, For additional information concerning these particular products, go to www.pearsonschool.com or contact us.
Materials and Ordering Information
- Customer Service Center
- Expedited Delivery
- Backorders
- Confirming Orders
- University Training Program Discount
- Bookstores Discount
- Returns, Credits, Adjustments
- International Orders
- Embargoes
Scoring & Reporting Services
How to Prepare Your Order
- Completing Your OSS
- Purchase Orders
- Where to Send Answer Documents
- Return of Score Reports for Catalog Orders
- Questions About Your Score Reports
- Special Coded Information
Terms and Conditions of Purchase and Use
- Acceptance of Terms and Conditions
- Prices
- Taxes
- Shipping and Handling
- Limited Warranty
- Confidentiality
- Maintenance of Test Security
- Copyright Notice
- Limited License
- Protective Orders
- Limitation of Liability
- Force Majeure
- Notices
- Governing Law and Venue
- Limitation of Claims
- Export Law Assurance
- Maintenance of Test Security and Test Use
Special Terms and Conditions of Purchase and Use apply to the referenced products:
- Learnia
- End-of-Course Array
Policies
- Permissions and Licensing
- Permission to Use Copyrighted Test Norms
- Permission for Research
- Software
- Qualifications for Purchase
- Trademarks
- Rules Governing Sale of Materials to Various Categories of Purchasers
- Compliance with HIPAA
Qualification Requirements for Purchase
Materials and Ordering Information
Please see Important Note at the Top concerning applicability.
1. Customer Service Center
Orders are processed at our Customer Service Center in San Antonio, Texas. To obtain prompt service, orders for materials should be sent to the Customer Service Center, P.O. Box 599700, San Antonio, TX 78259-9700. You may also place your order by calling 800-211-8378 or faxing your order to 800-232-1223.
Back to Top
2. Expedited Delivery
Customer Service must receive orders by noon Central Standard Time for Expedited Delivery.
Back to Top
3. Backorders
We make every attempt to maintain sufficient inventory to handle all routine orders without backorders. If a backorder occurs and you desire partial shipment or would prefer that we hold your order until it can be filled in its entirety, please let us know.
Back to Top
4. Confirming Orders
If an order is placed by phone or fax and followed up with a confirming purchase order, please make certain that it is clearly marked as CONFIRMING. This will prevent a duplicate shipment.
Back to Top
5. University Training Program Discount
For the materials covered by these Terms and Conditions, a special training program discount of 40% is granted on the purchase of test materials for use in college or university measurement courses. Click here for more information.
Back to Top
6. Bookstores Discount
Pearson’s bookstore policy and registration forms for the products and services covered by these terms and conditions are available from Customer Service at 800-211-8378.
Back to Top
7. Returns, Credits, Adjustments
100% Product Satisfaction
Pearson guarantees satisfaction with the physical quality of the test materials covered by these terms and conditions. If materials are damaged or defective, they may be returned for exchange or credit at any time. If not defective in manufacturing, resalable test booklets, answer documents, and accessory materials may be returned for credit within 90 days of the invoice date. Only unbroken, resalable packages will be accepted, and packages must show complete name, address, invoice number, and reason for return on all paperwork. All returns (except those resulting from shipment error or manufacturing defects) will be assessed a 10% restocking fee.
Please observe these procedures to ensure prompt handling:
Check your shipment upon receipt. Do not open packages; broken test packages cannot be accepted for credit unless defective.
If you receive incorrect materials or quantities, or damaged or defective items, please call 800-211-8378. You will be connected with a Customer Service Associate who will provide assistance.
Back to Top
8. International Orders
For orders originating outside of the United States, view our International Support page or call Customer Service at 800-211-8378.
Back to Top
9. Embargoes
Please note that at times, Pearson must restrict the sale of certain test materials within specific geographic regions because of various contractual arrangements.
Back to Top
Scoring & Reporting Services
Please see Important Note at the Top concerning applicability.
Pearson Scoring Service provides carefully designed score reports. Contact the Scoring Hotline (800-328-5999 or fax 888-556-2103) for information and assistance when ordering scoring services and to resolve scoring problems. (When calling to discuss a scoring problem, be ready to provide the name, address, and zip code from the ”Ship To” section of your Order for Scoring Services). If you have received your reports, also provide the Process Number located at the bottom right of the report.
Back to Top
How to Prepare Your Order
1. Completing Your OSS
An Order for Scoring Services (OSS) listing the services and options available will usually be included in every order of machine-scorable test booklets and answer documents. Complete the OSS and enclose it with your shipment of answer documents. Please call the Scoring Hotline at 800-328-5999 if you need additional OSS forms.
Back to Top
2. Purchase Orders
Your Purchase Order number must be included on the Order for Scoring Services to ensure processing. Your original Purchase Order covering the scoring services should be included with your Order for Scoring Services.
Back to Top
3. Where to Send Answer Documents
All tests covered by these Terms and Conditions are now processed by Pearson. and should be sent to:
Pearson
Central Scoring Services
19500 Bulverde Road
San Antonio, TX 78259-3701
A label or return envelope directed to Pearson will be included with your shipment of machine-scorable testing materials. Tests covered by these Terms and conditions should be sent to San Antonio and not to Iowa City.
Back to Top
4. Return of Score Reports for Catalog Orders
Once your shipment has arrived at Pearson, you should allow approximately 21 calendar days processing time for multiple-choice assessments, providing the shipment is processable when it arrives, plus the transportation time required to ship the score reports back to you.
Performance assessments, including combination multiple-choice and open-ended assessments, are processed within 28 calendar days for catalog orders. For New Standards Reference Examinations (NSRE) allow 35 working days of processing time.
For large open-ended or writing orders with more than 1,000 documents please call the Scoring Hotline at 800-328-5999 to schedule processing timelines.
Should an “alert” situation occur in your order, your score reports may be delayed. You will be contacted if a problem arises. We suggest that you schedule meetings to present and discuss test results only after the reports have arrived.
Unless you request the return of answer documents on your OSS , answer documents are retained for 60 days and then destroyed. Please indicate on the OSS if answer documents are to be returned. There is an additional charge for the return of answer documents.
Back to Top
5. Questions About Your Score Reports (Score reports are not returnable unless defective.)
If you have any questions about the score reports or their interpretation, contact the Scoring Hotline for assistance at 800-328-5999, Fax 888-556-2103, or e-mail Scoring.Hotline@Pearson.com.
Back to Top
6. Special Coded Information
Test Booklets and Answer Documents include a numeric “Other Information” grid of six, eight, nine, or 10 columns. This feature may be used to record numerically coded information about each pupil. If you need help using this section, contact the Scoring Hotline for assistance. (800-328-5999 or fax 888-556-2103)
Each column of digits can have a unique designation, determined by the school system. The numeric values of the codes marked in the “Other Information” section will be included, at no additional charge, in the various student reports generated and on CD-ROMs and diskettes.
Back to Top
Policies, Terms and Conditions of Purchase and Use
Please see Important Note at the Top concerning applicability.
1. Acceptance of Terms and Conditions
The purchase of a License of test instruments, related materials, and services covered by these Terms and Conditions are based upon acceptance of the various terms and conditions and adherence to all policies described, which may be modified from time to time. Purchasers agree to be bound to all terms and conditions effective at the time of order when placing an order for materials, signing the applicable Pearson Qualifications Form, a Purchase Order, a Test Order Form, an Order for Scoring Services, or by part or total payment of Pearson’s invoice for any tests, materials, or services ordered. No modification or additions to these terms and conditions are binding upon Pearson unless previously agreed to in writing by an authorized representative of Pearson.
Back to Top
2. Prices
All prices and terms are subject to change without notice and are exclusive of taxes and shipping and handling charges.
Terms are Net 30 Days. No discount is offered for cash payments or prompt payment.
Back to Top
3. Taxes
If your account is not currently listed as “tax-exempt,” applicable state and local taxes will be added to your invoice. If you wish to be listed as “tax-exempt” for future purchases, send a copy of your tax-exempt certificate to our Customer Service Center, Attn: Account Maintenance, P.O. Box 599700, San Antonio , TX 78259-9700.
Back to Top
4. Shipping and Handling
Order Placement through Website
Shipping and handling charges are subject to change without notice. For orders placed
through the website for the products and services covered by these Terms and Conditions, the minimum shipping charge is $5.00.
- Regular Ground Delivery (within the 50 United States of America )
7-10 Days - 5% of order subtotal
- Expedited Delivery (Within the 50 United States of America )
3-5 Days - 10% of order subtotal
- International Delivery (outside the 50 United States of America )
2+ weeks - 20% of order subtotal.
Back to Top
5. Limited Warranty
Pearson warrants that the products covered by these Terms and Conditions meet applicable professional standards and will be manufactured in usable quality. PEARSON MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REPLACEMENT OF MATERIALS, OR REFUND OF ALL OR A PORTION OF THE LICENSE PRICE (BASED UPON THE SALABLE CONDITION OF THE MATERIALS), AT PEARSON’S SOLE OPTION AND IN ACCORDANCE WITH THE PRODUCT RETURNS POLICY CONSTITUTES THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL REMEDIES AND ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES IN CONNECTION WITH THE PRODUCT AND ANY USE OR MISUSE THEREOF. PEARSON WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR PURCHASER’S EXPENSES FOR DELAYS, FOR COSTS OF SUBSTITUTE MATERIALS, OR FOR POSSIBLE LOST INCOME, GRANTS, PROFITS, OR ANY OTHER SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM USING A PRODUCT.
Some jurisdictions restrict certain limitation of warranties, so some or all of the above limitations may not apply to you.
Back to Top
6. Confidentiality
User acknowledges and agrees the contents of Pearson’s tests may constitute trade secrets, which include confidential and proprietary material, information, and procedures. User will not sublicense, rent, lend, transfer, lease, resell or otherwise distribute materials, or authorize or allow disclosure of the contents of a test instrument protocol, including test questions and answers, or normative data, except under the limited circumstances described in the section titled “Maintenance of Test Security,” or as otherwise contemplated in the manual associated with the test. You acknowledge and agree that the use or disclosure of trade secrets in a manner inconsistent with the provisions of this Agreement may cause Pearson irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, you agree that in any request by Pearson to a court of competent jurisdiction for injunctive or other equitable relief seeking to restrain such use or disclosure, you will not maintain that such remedy is not appropriate under the circumstances.
Back to Top
7. Maintenance of Test Security
Each person or institution purchasing a license for a test must agree to comply with basic principles of minimum test security, including the standards described in the “Maintenance of Test Security and Test Use.”
Back to Top
8. Copyright Notice
Tests, test protocols, test items, norms, score reports, and other related materials of Pearson are copyrighted. They are not to be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system without permission in writing from Pearson. The reproduction of any part of Pearson’s copyrighted tests and related materials in any way, whether the reproductions are sold or furnished free for use, is a violation of federal copyright law. No adaptations, translations, modifications, or special versions may be made without permission in writing from Pearson; Users are advised that such adaptations, translations, modifications, or special versions may affect the validity of the tests.
Back to Top
9. Limited License
Purchaser acknowledges and agrees that Purchaser is purchasing a nonexclusive, nontransferable, revocable, limited license to use the Copyright Material subject to the Terms and Conditions set forth herein. The purchase of a license for any Copyrighted Material in no way transfers copyrights or other ownership interests to Purchaser except for a limited license hereunder. Additionally, Purchaser shall not (and shall not permit others to) sublicense, rent, lend, transfer, lease, sell or provide to others the Copyrighted Material except as otherwise provided by the Terms and Conditions set forth herein.
Permission is hereby granted to any authorized Purchaser to lend or share the Copyrighted Material with another professional meeting the publisher’s qualifications for license purchase as long as such loan or sharing does not otherwise violate the Terms and Conditions of Purchase set forth herein. Requests for permission not otherwise granted herein may be directed to Licensing and Distribution (PAS.Licensing@pearson.com), Pearson.
10. Protective Orders
Purchaser agrees to seek a protective order safeguarding the confidentiality of test materials classified by Pearson as C-level assessments if Purchaser is required to produce such materials in court or administrative proceedings.
Back to Top
11. Limitation of Liability
IN NO EVENT WILL PEARSON BE LIABLE FOR DAMAGES ARISING UNDER THIS AGREEMENT, OR OTHERWISE ARISING FROM THE ORDER(S) CONTEMPLATED UNDER THIS AGREEMENT, IN EXCESS OF THE AMOUNTS PAID FOR THE LICENSE FOR THE PRODUCT(S) WHICH DIRECTLY CAUSED THE DAMAGE.
Back to Top
12. Force Majeure
Except for payment obligations, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, war, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.
Back to Top
13. Notices
Any required notices shall be given in writing to the Purchaser at the most recent contact information provided by Purchaser to Pearson. You agree that we may send you notice by electronic mail as an alternative to conventional mail.
Back to Top
14. Governing Law and Venue
This Agreement, each transaction entered into in connection with this Agreement, and all matters arising from or related to this Agreement (including validity and interpretation) are governed by, construed, and enforced in accordance with the laws of the State of Texas, without reference to any conflict of law principles. Purchaser submits to the exclusive jurisdiction of the federal and state courts located in Bexar County, in the State of Texas.
Back to Top
15. Limitation of Claims
Purchaser must bring any action on any claim against Pearson within one (1) year following the date the claim first accrued, or it shall be deemed waived.
Back to Top
16. Export Law Assurance
If the product(s) ordered from Pearson have been rightfully obtained within the United States, Purchaser agrees and certifies that neither the products nor any technical data received by the Purchaser from Pearson will be exported outside of the United States, except as authorized by the laws and regulations of the United States.
Back to Top
17. Maintenance of Test Security and Test Use
Each person or institution purchasing a test license must agree to comply with these basic principles of minimum test security:
- Test takers must not receive test answers before beginning the test.
- Test questions are not to be reproduced or paraphrased in any way.
- Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
- Test materials and scores may be released only to persons qualified to interpret and use them properly.
- If a test taker or the parent of a child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college, or institution that administered the test.
Such review should not be permitted in those jurisdictions where applicable laws require the institution to provide a photocopy of the test subsequent to review.
If you are not certain of the effect of the laws in your state, please contact your state’s professional organization.
- No reproduction of test materials is allowed in any form or by any means, electronic or mechanical.
- Requests to copy any test materials must be in writing and directed to the:
Licensing and Permissions Group
Pearson
19500 Bulverde Rd., San Antonio, Texas 78259-3701
or sent via online using our convenient online form. Our policy on confidentiality and release of test materials to unqualified individuals can be viewed online in our Legal Policies section.
- Test materials may not be resold or distributed for any purpose.
Back to Top
In addition to the above Terms and Conditions of Purchase and Use, the following special Terms and Conditions of Purchase and Use apply to the referenced products:
Learnia
The following Terms of Purchase and Use apply to all subscriptions to Learnia and related services ordered from NCS Pearson, Inc. (Pearson) and the use of such products and services by the ordering party (Subscriber). Subscriber-specific services are described in individual written Statements of Work signed by both Pearson and the Subscriber and to which these Terms of Purchase and Use are appended.
Back to Top
Limited Use and License
Subscriber is granted a nonexclusive, nontransferable, revocable, limited, subscription-based license to access and use Learnia and the Learnia website (Site) as purchased by Subscriber under one or more Orders submitted by Subscriber and accepted by Pearson. Access to Learnia and the Site is limited to Subscriber’s authorized employees and students (Users). If Subscriber exceeds the maximum number of Student Users indicated on its Learnia order(s), Pearson reserves the right to invoice Subscriber for such excess Student User count at Pearson’s then-current catalog price. A “Student User” is defined as a student who has been issued an access ID and password by Subscriber and has commenced taking at least one Learnia assessment. Additional Student User count may be added for the remainder of a subscription term at Pearson’s then-current catalog price by submitting a further order to Pearson’s Customer Service Department.
Subscriber shall not sublicense, rent, lend, transfer, lease, sell or provide others with access to the Site or Learnia online services or related materials. Subscriber shall not (and shall not permit others to) disassemble, decompile or otherwise derive source code from Learnia or the platform on which it resides; reverse engineer or modify or prepare derivative works of Learnia or the platform on which it resides in any manner that infringes the intellectual property or other rights of any party.
Except for the downloading and copying of Learnia assessment materials for paper and pencil administration and the printing of score reports by teachers of Student Users, Subscriber and Users are expressly prohibited from copying, duplication or downloading Learnia services or materials in any manner.
Back to Top
Legal Compliance
Subscriber is responsible for ensuring that its employees and students use Learnia, the Site, and the student data available on the Site in a manner consistent with all applicable laws and regulations, including without limitation, the Family Educational Rights and Privacy Act.
Back to Top
Set-up, Infrastructure Requirements
Pearson will create Subscriber’s initial User accounts, including its access ID and password. Subscriber is responsible for maintaining student and user database thereafter. Users may purchase set-up support at Pearson’s then-current catalog price for updating database after initial setup. Subscriber is responsible for ensuring that it meets the minimum hardware, software and internet bandwidth requirements for Learnia as stated on the Statement of Work or otherwise specified by Pearson.
Back to Top
Support
Pearson will provide basic support for the use of Learnia Monday-Friday 8:00 a.m.- 5:00 p.m. Central Standard Time, excluding holidays. Subscribers may contact eSupport by telephone at 1-800-586-1107 or by email at eSupport@pearson.com. Enhanced support services may be purchased at Pearson’s then-current catalog price.
Back to Top
Use of Data
Subscriber authorizes Pearson to use anonymous student assessment results from the Subscriber’s use of Learnia for research purposes. Subscriber must provide Pearson with written notification if it does not wish to allow Pearson to make such use of student assessment data.
Back to Top
Online or Paper-Based Assessment
Learnia supports both online and paper-based assessment administration. Should Subscriber choose to use paper-based assessment administrations, Subscriber will be responsible for all additional costs associated with printing and scanning the assessment materials, except for the custom scanning software required to scan completed assessments back into Learnia, which is available for download at an additional charge.
Back to Top
Ownership
Subscriber acknowledges that all right, title and interest in the Site and Learnia content, including any related software and all copies, derivative works thereof, and all modifications, enhancements, upgrades, and new versions created by anyone, remains in Pearson and its vendors.
Back to Top
Security
Subscriber agrees that it will take all necessary precautions to safeguard its Users’ IDs and passwords provided by Pearson and created by Subscriber to limit access to and use of Learnia only by authorized administrators, teachers and students.
Back to Top
Service Marks and Trademarks
Learnia and Learning Power for the Classroom are service marks and/or trademarks of Pearson. Other trademarks appearing on the Site are trademarks of their respective owners. Except as permitted in writing, Subscriber shall not display, disparage, dilute or taint Pearson’s trademarks and service marks or use any confusingly similar marks or use Pearson’s marks in such a way that would misrepresent the proper owner of such marks. Any permitted use of Pearson’s service marks or trademarks shall inure to the benefit of Pearson.
Back to Top
Student Identifying Data
Subscriber is responsible for obtaining parental consent, if any is required under applicable laws, to provide student identifying data to Pearson for the purpose of administering, scoring, and reporting Learnia assessments. Pearson will use and protect the confidentiality of all such data in accordance with applicable laws.
Back to Top
Scheduled System Outages
Pearson will notify Subscriber’s system administrator in advance of any scheduled Learnia downtime for maintenance or updates and the anticipated duration of any such downtime.
Back to Top
Notice
Pearson may give notice to Subscriber by means of a general notice on the Site, via electronic mail to Subscriber’s email address on record, or by written communication sent by first class mail to the address provided in Subscriber’s billing information. You agree that we may send you notice by electronic mail as an alternative to conventional mail.
Subscriber may give notice to Pearson and such notice shall be deemed given when received by Pearson at any time by any of the following:
- Electronic mail to eSupport@pearson.com
- Letter delivered by first class postage prepaid mail to Pearson at the following address:
Pearson
Attention: President/CEO
19500 Bulverde Road
San Antonio, Texas 78259
Back to Top
Privacy Policy
Subscriber’s use of the Site is subject to Pearson’s privacy policy as posted on this website.
Back to Top
Payment, No Discounts
Subscriber agrees to pay Pearson the applicable fees for the access and services provided hereunder within thirty (30) days of receipt of an invoice from Pearson.
Back to Top
Renewal
Subscriber may renew a subscription to Learnia by providing Pearson with a purchase order. Upon renewal, Pearson will invoice and Subscriber will pay the renewal fees at Pearson’s then-current catalog prices for such services and/or materials.
Back to Top
Requests for Permission
These Terms set forth Subscriber’s entire right to copy and use Learnia related materials. Use within the scope of these Terms does not require any further permission from Pearson. Any other use, such as, without limitation, the use for commercial purposes or duplication or distribution, requires the prior written consent of Pearson, which may be granted or denied within Pearson’s sole discretion.
Back to Top
Termination of Service
Subscriber may terminate its subscription to use Learnia and the Site at any time by notice to Pearson as stated herein. Unless such termination is for breach of a Pearson warranty, Subscriber shall not be entitled to any refund of subscription fees due or paid.
Pearson may at any time and in its sole discretion cancel Subscriber’s subscription or any User’s access to Learnia and the Site, without notice, for violation of any of these Terms or any other policies or guidelines that Pearson has posted on this website.
Subscriber’s access to the Site will terminate immediately after expiration of the subscription term.
Back to Top
Warranties
Pearson warrants only that it has the right to license Subscriber and Subscriber’s Users to use Learnia and the Site in accordance with these Terms of Purchase and Use for the term of Subscriber’s subscription. PEARSON EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, PRODUCTS, SERVICES OR THE SITE; AND (2) ANY WARRANTY OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Back to Top
Limitation of Liability
PEARSON’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO A BREACH OF THE FOREGOING WARRANTIES SHALL BE LIMITED TO THE RETURN OF A PRO RATA PORTION OF THE SUBSCRIPTION FEES PAID BASED ON THE UNEXPIRED PORTION OF THE SUBSCRIPTION TERM. PEARSON’S LIABILITY FOR ANY OTHER BREACH, ACT OR OMISSION OF PEARSON SHALL BE LIMITED TO THE UNREFUNDED SUBSCRIPTION FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM. NEITHER PEARSON NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF LEARNIA CONTENT AND SERVICES OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 USER ASSESSMENT RECORDS, WHETHER ASSERTED AS A BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
Back to Top
Indemnification
Upon Pearson’s request, Subscriber agrees to defend, indemnify and hold Pearson harmless from any dispute that may arise from Subscriber’s breach of these Terms of Purchase and Use. Subscriber agrees to hold Pearson and its affiliates, employees, contractors, officers, directors and/or content providers harmless from any and all claims and expenses, including attorney’s fees and court costs, related to Subscriber’s violation of these Terms. Pearson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber. In that event, Subscriber shall have no further obligation to provide indemnification of Pearson in that matter.
Back to Top
Choice of Law
These Terms of Purchase and Use are governed by the laws of the State of Texas, and any action arising out of or relating to these Terms shall be filed only in state or federal courts located in Bexar County, Texas. Subscriber hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
Back to Top
Survival
The provisions of the sections herein titled Payment, Warranties, Limitation of Liability, Indemnification and Choice of Law shall survive any termination or expiration of Subscriber’s subscription.
Back to Top
Additional Terms & Conditions
The purchase of a subscription to use Learnia is also subject to the Terms and Conditions of Purchase and Use stated in Pearson’s product catalog and referenced on the Pearson website. In the event of any conflicts, these Terms of Purchase and Use take precedence over those Terms and Conditions of Sale.
Back to Top
Force Majeure
Neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly, as a result of the first party’s failure to perform, or delay in performing, any of its obligations contained in this document (other than the payment of money), where such failure or delay is caused by circumstances beyond the first party’s control or which make performance commercially impracticable, including but not limited to fire, flood, storm or other natural disaster, explosion, accident, war, riot, civil disorder, governmental regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of God or other natural circumstances.
Back to Top
Complete Agreement, Modification, Severability
These Terms of Purchase and Use contain the entire agreement between Subscriber and Pearson with respect to the products and services ordered by Subscriber, except for any Subscriber-specific services described in individual Statements of Work agreed to and signed by Pearson and Subscriber and to which these Terms are appended. In the event of any conflict between the Statement of Work and these Terms, the provisions of the Statement of Work will govern. These Terms may not be modified or expanded except by a writing signed by an authorized representative of Pearson. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that, if any limitation on the grant to Subscriber of any right herein is held invalid or unenforceable, such right shall immediately terminate.
Back to Top
End-of-Course Array
The following Terms of Purchase and Use apply to all subscriptions to End-of-Course Array and related services ordered from NCS Pearson, Inc. (Pearson) and the use of such products and services by the ordering party (Subscriber).
Limited Use and License
Subscriber is granted a nonexclusive, nontransferable, revocable, limited, subscription-based license to access and use End-of-Course Array and the End-of-Course Array website (Site) as purchased by Subscriber under one or more Orders submitted by Subscriber and accepted by Pearson. Access to End-of-Course Array and the Site is limited to Subscriber’s authorized employees and students (Users). If Subscriber exceeds the maximum number of Student Users indicated on its End-of-Course Array order(s), Pearson reserves the right to invoice Subscriber for such excess Student User count at Pearson’s then-current catalog price. A “Student User” is defined as a student who has been issued an access ID and password by Subscriber and has commenced taking at least one End-of-Course Array assessment. Additional Student User count may be added for the remainder of a subscription term at Pearson’s then-current catalog price by submitting a further order to Pearson’s Customer Service Department.
Subscriber shall not sublicense, rent, lend, transfer, lease, sell or provide others with access to the Site or End-of-Course Array online services or related materials. Subscriber shall not (and shall not permit others to) disassemble, decompile or otherwise derive source code from End-of-Course Array or the platform on which it resides; reverse engineer or modify or prepare derivative works of End-of-Course Array or the platform on which it resides in any manner that infringes the intellectual property or other rights of any party.
Except for the downloading and copying of End-of-Course Array assessment materials for paper and pencil administration and the printing of score reports by teachers of Student Users, Subscriber and Users are expressly prohibited from copying, duplication or downloading End-of-Course Array services or materials in any manner.
Back to Top
Legal Compliance
Subscriber is responsible for ensuring that its employees and students use End-of-Course Array, the Site, and the student data available on the Site in a manner consistent with all applicable laws and regulations, including without limitation, the Family Educational Rights and Privacy Act.
Back to Top
Set-up, Infrastructure Requirements
Pearson will create Subscriber’s initial User accounts, including its access ID and password. Subscriber is responsible for maintaining student and user database thereafter. Users may purchase set-up support at Pearson’s then-current catalog price for updating database after initial setup. Subscriber is responsible for ensuring that it meets the minimum hardware, software and internet bandwidth requirements for End-of-Course Array as specified by Pearson.
Back to Top
Support
Pearson will provide basic support for the use of End-of-Course Array Monday-Friday 8:00 a.m.- 5:00 p.m. Central Standard Time, excluding holidays. Subscribers may contact eSupport by telephone at 1-800-586-1107 or by email at eSupport@pearson.com. Enhanced support services may be purchased at Pearson’s then-current catalog price.
Back to Top
Use of Data
Subscriber authorizes Pearson to use anonymous assessment results (item-level data) from the Subscriber’s use of End-of-Course Array for research purposes. Subscriber must provide Pearson with written notification if it does not wish to allow Pearson to make such use of assessment data.
Back to Top
Online or Paper-Based Assessment
End-of-Course Array supports both online and paper-based assessment administration. Should Subscriber choose to use paper-based assessment administrations, Subscriber will be responsible for all additional costs associated with printing and scanning the assessment materials, except for the custom scanning software required to scan completed assessments back into End-of-Course Array, which is available for download at an additional charge.
Back to Top
Ownership
Subscriber acknowledges that all right, title and interest in the Site and End-of-Course Array content, including any related software and all copies, derivative works thereof, and all modifications, enhancements, upgrades, and new versions created by anyone, remains in Pearson and its vendors.
Back to Top
Security
Subscriber agrees that it will take all necessary precautions to safeguard its Users’ IDs and passwords provided by Pearson and created by Subscriber to limit access to and use of End-of-Course Array only by authorized administrators, teachers and students.
Back to Top
Service Marks and Trademarks
End-of-Course Array is a trademark of Pearson. Other trademarks appearing on the Site are trademarks of their respective owners. Except as permitted in writing, Subscriber shall not display, disparage, dilute or taint Pearson’s trademarks and service marks or use any confusingly similar marks or use Pearson’s marks in such a way that would misrepresent the proper owner of such marks. Any permitted use of Pearson’s trademarks or service marks shall inure to the benefit of Pearson.
Back to Top
Student Identifying Data
Subscriber is responsible for obtaining parental consent, if any is required under applicable laws, to provide student identifying data to Pearson for the purpose of administering, scoring, and reporting End-of-Course Array assessments. Pearson will use and protect the confidentiality of all such data in accordance with applicable laws.
Back to Top
Scheduled System Outages
Pearson will notify Subscriber’s system administrator in advance of any scheduled End-of-Course Array downtime for maintenance or updates and the anticipated duration of any such downtime.
Back to Top
Notice
Pearson may give notice to Subscriber by means of a general notice on the Site, via electronic mail to Subscriber’s email address on record, or by written communication sent by first class mail to the address provided in Subscriber’s billing information. You agree that we may send you notice by electronic mail as an alternative to conventional mail.
Subscriber may give notice to Pearson and such notice shall be deemed given when received by Pearson at any time by any of the following:
- Electronic mail to eSupport@pearson.com
- Letter delivered by first class postage prepaid mail to Pearson at the following address:
Pearson
Attention: President, Educational Division
19500 Bulverde Road
San Antonio, Texas 78259
Back to Top
Privacy Policy
Subscriber’s use of the Site is subject to the privacy policy posted on this website.
Back to Top
Payment, No Discounts
Subscriber agrees to pay Pearson the applicable fees for the access and services provided hereunder within thirty (30) days of receipt of an invoice from Pearson.
Back to Top
Renewal
Subscriber may renew a subscription to End-of-Course Array by providing Pearson with a purchase order. Upon renewal, Pearson will invoice and Subscriber will pay the renewal fees at Pearson’s then-current catalog prices for such services and/or materials.
Back to Top
Requests for Permission
These Terms set forth Subscriber’s entire right to copy and use End-of-Course Array related materials. Use within the scope of these Terms does not require any further permission from Pearson. Any other use, such as, without limitation, use for commercial purposes or duplication or distribution, requires the prior written consent of Pearson, which may be granted or denied within Pearson’s sole discretion.
Back to Top
Termination of Service
Subscriber may terminate its subscription to use End-of-Course Array and the Site at any time by notice to Pearson as stated herein. Unless such termination is for breach of a Pearson warranty, Subscriber shall not be entitled to any refund of subscription fees due or paid.
Pearson may at any time and in its sole discretion cancel Subscriber’s subscription or any User’s access to End-of-Course Array and the Site, without notice, for violation of any of these Terms or any other policies or guidelines that Pearson has posted on this website.
Subscriber’s access to the Site will terminate immediately after expiration of the subscription term.
Back to Top
Warranties
Pearson warrants only that it has the right to license Subscriber and Subscriber’s Users to use End-of-Course Array and the Site in accordance with these Terms of Purchase and Use for the term of Subscriber’s subscription. PEARSON EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, PRODUCTS, SERVICES OR THE SITE; AND (2) ANY WARRANTY OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
PEARSON’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO A BREACH OF THE FOREGOING WARRANTIES SHALL BE LIMITED TO THE RETURN OF A PRO RATA PORTION OF THE SUBSCRIPTION FEES PAID BASED ON THE UNEXPIRED PORTION OF THE SUBSCRIPTION TERM. PEARSON’S LIABILITY FOR ANY OTHER BREACH, ACT OR OMISSION OF PEARSON SHALL BE LIMITED TO THE UNREFUNDED SUBSCRIPTION FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM. NEITHER PEARSON NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF END-OF-COURSE ARRAY CONTENT AND SERVICES OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 USER ASSESSMENT RECORDS, WHETHER ASSERTED AS A BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
Back to Top
Indemnification
Upon Pearson’s request, Subscriber agrees to defend, indemnify and hold Pearson harmless from any dispute that may arise from Subscriber’s breach of these Terms of Purchase and Use. Subscriber agrees to hold Pearson and its affiliates, employees, contractors, officers, directors and/or content providers harmless from any and all claims and expenses, including attorney’s fees and court costs, related to Subscriber’s violation of these Terms. Pearson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber. In that event, Subscriber shall have no further obligation to provide indemnification of Pearson in that matter.
Back to Top
Choice of Law
These Terms of Purchase and Use are governed by the laws of the State of Texas, and any action arising out of or relating to these Terms shall be filed only in state or federal courts located in Bexar County, Texas. Subscriber hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
Back to Top
Survival
The provisions of the sections herein titled Payment, Warranties, Limitation of Liability, Indemnification and Choice of Law shall survive any termination or expiration of Subscriber’s subscription.
Back to Top
Additional Terms & Conditions
The purchase of a subscription to use End-of-Course Array is also subject to the Terms and Conditions of Sale stated in Pearson’s product catalog and referenced on the Pearson website. In the event of any conflicts, these Terms of Purchase and Use take precedence over those Terms and Conditions of Sale.
Back to Top
Force Majeure
Neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly, as a result of the first party’s failure to perform, or delay in performing, any of its obligations contained in this document (other than the payment of money), where such failure or delay is caused by circumstances beyond the first party’s control or which make performance commercially impracticable, including but not limited to fire, flood, storm or other natural disaster, explosion, accident, war, riot, civil disorder, governmental regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of God or other natural circumstances.
Back to Top
Complete Agreement, Modification, Severability
These Terms of Purchase and Use contain the entire agreement between Subscriber and Pearson with respect to the products and services ordered by Subscriber, except for any Subscriber-specific services described in individual Statements of Work agreed to and signed by Pearson and Subscriber from time to time. In the event of any conflict between the Statement of Work and these Terms, the provisions of the Statement of Work will govern. These Terms may not be modified or expanded except by a writing signed by an authorized representative of Pearson. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that, if any limitation on the grant to Subscriber of any right herein is held invalid or unenforceable, such right shall immediately terminate.
Back to Top
Policies
Please see Important Note at the Top concerning applicability.
1. Permissions and Licensing
Reproduction of any purchased materials requires the prior written consent of Pearson. Questions and answers, including practice questions and answers, may not be reproduced without written permission, regardless of the number of lines or items involved. Test copies may not be bound in theses or reports placed in libraries, generally circulated, or accessible to the public, or in any article or text of any kind.
Pearson will consider requests for permission to reproduce, modify, or translate part or all of any copyrighted publication and will also consider the granting of licenses for use of our copyrighted materials. Requests to reproduce, translate, adapt, modify, or make special versions of these publications must be in writing and directed to the:
Licensing and Permissions Group
Pearson
19500 Bulverde Rd.
San Antonio, Texas 78259-3701
or sent via online using our convenient online form.
Once approved, any reproduction must include acknowledgement of the source, including author, test, publisher, and copyright notice.
Back to Top
2. Permission to Use Copyrighted Test Norms
Pearson has the sole right to authorize reproductions of any portion of its published tests, including test norms. Copying of test norms without authorization is a violation of copyright. The term “copying” includes, but is not limited to, entry of test norms into a computer memory for purposes of test processing, scoring, or reporting. Any person or organization wanting to use Pearson’s test norms must submit a formal written request to the Licensing and Permissions Group. Those wishing to contact Pearson’s Licensing and Permissions Group should select Permission Request from our Contact Us page. If permission is granted, a fee may be charged. Permission from Pearson for use of test norms does not imply endorsement of, or responsibility for, the accuracy or adequacy of any test processing, scoring, or reporting service.
Back to Top
3. Permission for Research
Permission is not needed for research by individuals who are qualified to purchase and administer the tests; however, no reproduction of test materials is allowed for any purpose, including articles and reports based on research, without the prior written consent of Pearson. Students wanting to use test materials for thesis, dissertation, or research should complete and submit a Student Qualifications Form.
This form must be accompanied by a prepaid order for the materials requested. The form and order can be faxed to Customer Service at 800-200-4880, or mailed to us at P.O. Box 599700, San Antonio, Texas, 78259-9700.
A 50% discount is offered to students using published assessments in research; a 40% discount is offered to students using published intervention instruments in research. Because of test security, permission is not granted for appending tests to theses, dissertations, or reports of any kind.
Back to Top
4. Software
The software licenses are sold on a per user basis and each license may be installed and used by one user only (unless otherwise noted).
Software may be returned within 30 days of invoice date. Software must be returned with all media, accompanying materials, and original packaging along with a written statement verifying that the software has been removed from all computers.
Back to Top
5. Qualifications for Purchase
Note: Please read this section. Not everyone who wishes to buy a test is qualified to do so. In order to avoid delay in your order, please make sure your qualifications are known to us.
The tests listed in this catalog are carefully developed assessment instruments that require specialized training to ensure their appropriate professional use. Eligibility to purchase these tests, therefore, is restricted to individuals with specific training and experience in a relevant area of assessment. These standards are consistent with the Standards for Educational and Psychological Testing and with the professional and ethical standards of a variety of professional organizations. These organizations whose members use tests are diverse, but include such organizations as the American Counseling Association (ACA), the American Educational Research Association (AERA), the American Psychological Association (APA), the Council for Exceptional Children (CEC), the National Association of School Psychologists (NASP), and the National Council on Measurement in Education (NCME).
Pearson is committed to upholding these standards, and we reserve the right to require additional evidence of each Purchaser’s qualifications. Pearson has the sole right to determine whether a Purchaser is qualified and under what classification. In addition, Pearson retains the right to withhold or withdraw approval for test purchase where there is evidence of violation of commonly accepted testing practices or any of the Terms and Conditions of Purchase.
Note: No tests are sold for self-guidance, nor to any individual or organization engaged in testing and counseling by mail. Test users must agree to guard against the improper use of our tests in order to retain the right to purchase those tests. To protect their security and value, tests and scoring keys must be kept in locked files or storage cabinets accessible only to authorized personnel. Test materials may not be resold or otherwise distributed. Customers wishing to purchase tests for homeschoolers should refer to the section entitled “Rules Governing Sale of Materials to Various Categories of Purchasers” on this page.
Back to Top
6. Trademarks
Pearson has the sole right to license use of its trademarks. Any unauthorized use of Pearson’s trademarks is strictly prohibited. Requests to use any trademark should be addressed to the Legal Department, 19500 Bulverde Rd., San Antonio, Texas 78259-3701.
Pearson reserves the right to amend these policies at any time. Contact the Legal Department for more information at 800-228-0752.
Back to Top
7. Rules Governing Sale of Materials to Various Categories of Purchasers
Universities, schools, organizations, businesses, clinics, and hospitals are subject to the guidelines set forth above and must have appropriately qualified individuals on staff in order to purchase test materials. These individuals must complete a Qualifications Form or provide information as to their qualifications. Orders not accompanied by this documentation may not be processed.
Qualified customers should comply with the requirements of their respective institutions concerning the use of purchase orders. Pearson may not be able to process orders without the appropriate purchase order(s) or other documentation required by the institution.
No educational materials will be shipped to a home address. If you are a homeschooler, please contact Customer Service for advice. There are homeschool agencies that provide testing services in programs approval by Pearson.
University libraries and bookstores may purchase materials subject to submission of a University Bookstore/Library Agreement Form. For more information, contact the Qualifications Group in Customer Service at 800-211-8378.
Note: The Stanford Achievement Test Series, Metropolitan Achievement Tests, Aprenda, New Standards, and Otis Lennon School Ability Tests will be sold to schools and school districts only.
Back to Top
8. Compliance with HIPAA
Pearson would like to advise its customers that they are not obligated to disseminate copies of test record forms or protocols to persons who erroneously claim that they are entitled to copies under HIPAA’s Privacy Rule. This position is consistent with a guidance letter provided by the Department of Health and Human Services which states that so long as test items (which may be disclosed in record forms) are trade secrets, such information is not required to be disclosed under HIPAA. Trade secret status for test record forms and protocols for the assessments covered by these policies has been claimed for many years in order to preserve the validity of these tools used by the professional community for the benefit of the general public.
Please go to the Legal Policies section for a more detailed explanation of our position regarding HIPAA.
Questions should be directed to the Legal Department of Pearson at 800-228-0752.
Back to Top