Terms of Use

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.

General Terms

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.

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Statement), collectively referred to as the “Terms of Use.” These Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site provides a helpful and reliable experience for users. To protect our rights and yours, we have prepared these Terms of Use, which apply to all visitors to this Site. If you have any questions concerning these Terms of Use, please contact us.

BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IF YOU ARE NOT AN AUTHORIZED USER, YOU MAY NOT ATTEMPT TO ACCESS THE NOVANET COURSEWARE FROM THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

Pearson is concerned about the safety and privacy of all users of this Site, particularly children. Please read our Privacy Statement, which is an important part of these Terms of Use.

Authorized User License

You must be an Authorized User if you are attempting to use a user name and password to access the NovaNET Courseware product from this Site. You are an “Authorized User” only if (i) you are a student, faculty member, administrator or other employee of a school, school district or other educational institution or organization (the “Organization”) that purchased or otherwise obtained access to the NovaNET Courseware product from Pearson, (ii) such Organization provided you with a valid user name and password to access the NovaNET Courseware product, and (iii) your access to the NovaNET Courseware product has not been terminated (either by your Organization or by Pearson). If you are not an Authorized User, you may not view or otherwise use the password-protected portions of this Site, and any such use shall be a violation of these Terms of Use. Authorized Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the NovaNET Courseware product through this Site for their personal, educational, instructional and administrative purposes only. All such usage must be consistent with the Licensed Product Agreement governing your Organization’s use of the NovaNET Courseware product. Except as specifically permitted by such Licensed Product Agreement, you agree not to copy, adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials from this Site or the NovaNET Courseware product unless specifically authorized in writing by Pearson to do so. Neither Pearson nor its licensors 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.

Representation and Warranty

As a condition of use of this Site, you warrant to Pearson that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You represent and warrant that, if you are using a user name and password to access the NovaNET Courseware product through this Site, you are an Authorized User. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site. If you are an Authorized User, you further agree not to distribute, share, modify, post, display or otherwise exploit the authorized user name and password provided to you for access to this Site to any third party or other users, and you agree not to not use such authorized user name or password in any manner not consistent with these Terms of Use.

Termination

Pearson reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, this Site or any part thereof or terminate your access to this Site or any part thereof. Pearson also may modify, delete or adapt this Site at any time without any notice or obligation to you, at Pearson’s sole discretion. To the extent that you are an Authorized User, your Organization may also terminate your access to the NovaNET Courseware product accessible through this Site, at its discretion. Your right to use and otherwise access this Site is automatically terminated if you violate these Terms of Use. You agree that Pearson will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any part thereof. Upon termination of your right to use this Site, you must cease all access to this Site. All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Pearson’s ownership rights and your representations and indemnities shall survive termination.

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.

Submissions

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.

Postings

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.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Pearson and its affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Pearson by any third party due to or arising out of your breach of any representation, warranty or obligation under these Terms of Use, your violation of these Terms of Use, or your violation of any rights of another user.

General Information; Governing Law

These Terms of Use, along with the Licensed Product Agreement between your Organization and Pearson (if you are using this Site to access the NovaNET Courseware product), constitute the entire agreement between you and Pearson governing your use of this Site and, if applicable, the NovaNET Courseware product. These Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota with respect to any legal claim or action arising from your use of the Site. The failure of Pearson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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
Facsimile: 952-681-3066
E-mail: dmca.copyright.issues.ncspearson@pearson.com

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.

Violations

Please contact us if you become aware of any violations of these Terms of Use.

Revised April 2011