This website (the “Site”) and its contents are the property of NCS Pearson, Inc. and/or its subsidiaries and affiliates (collectively "Pearson"), and Pearson’s licensors, and are protected by copyright and other intellectual property laws of the United States and other jurisdictions. 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.
This Site serves two purposes. First, it is an informational page that allows the general public to learn about Pearson’s NovaNET Courseware product, take a product tour, review system requirements, and obtain other information about the product. Second, it is a launch page from which students, teachers or other users from an existing NovaNET Courseware customer may, using their assigned user name and password, log into and use the NovaNET Courseware product.
Authorized User License
Representation and Warranty
Copyright and Trademark Notices
The entire content of this Site and any supporting software are the proprietary property of Pearson and/or its 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 without the express written consent of Pearson and/or its licensors is strictly prohibited.
You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson.
Pearson always welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to this Site or 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.
To the extent that portions of this Site or the NovaNET Courseware product provide users with an opportunity to post and exchange information, ideas and opinions (collectively, “Postings”), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE OR WITHIN THE NOVANET COURSEWARE PRODUCT, and Postings do not necessarily reflect the views of Pearson. To the fullest extent permitted by applicable law, Pearson shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. Pearson reserves the right (but shall not be obligated) to monitor all Postings 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 Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You hereby authorize Pearson to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Pearson or such other parties see fit. You shall have no claim or other recourse against Pearson for infringement of any proprietary right in any of your Postings.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS, AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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 PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR 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.
General Information; Governing Law
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted by others on this Site, or within the NovaNET Courseware 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
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 at a single website 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.
Revised April 2011