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 permits students, teachers or other Authorized Users (as defined below) to log into the GradPoint product using their assigned user name and password, as supplied by such users’ Licensed Organization.
The contents of this Site and any supporting software are the proprietary property of Pearson and/or its affiliates and 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, except as specifically permitted herein, is strictly prohibited.
You agree not to display, disparage, dilute, or taint any trademarks of Pearson or its affiliates (“Pearson Marks”) or use any confusing similar marks or use the Pearson Marks in such a way that would misrepresent the ownership of such marks. Any permitted use of the Pearson Marks by you shall be to the benefit of Pearson and its affiliates.
Pearson always welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to this Site or to 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 GradPoint product provide users with an opportunity to communicate with each other, to post and exchange information, ideas and opinions, or to create, input, upload, or post content (collectively, “User Content”), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW USER CONTENT PRIOR TO ITS APPEARANCE ON THIS SITE OR WITHIN THE GRADPOINT PRODUCT. To the fullest extent permitted by applicable law, Pearson shall in no event have any responsibility or liability for User Content or for any claims, damages, or losses resulting from its use and/or appearance on this Site. Pearson reserves the right (but shall not be obligated) to monitor all User Content 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 User Content you provide and all material contained therein; that your User Content shall not infringe any proprietary or other rights of third parties; that your User Content shall not contain any viruses or other contaminating or destructive devices or features; that your User Content shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your User Content shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE ONLY WARRANTIES THAT APPLY WITH RESPECT TO THE USE OF THIS SITE AND THE GRADPOINT PRODUCT ARE THOSE THAT MAY BE PROVIDED BY PEARSON TO YOUR LICENSED ORGANIZATION IN PEARSON’S LICENSED PRODUCT AGREEMENT WITH THE LICENSED ORGANIZATION. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS TO YOU AS AN AUTHORIZED USER. PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED BY PEARSON IN ITS LICENSED PRODUCT AGREEMENT WITH THE LICENSED ORGANIZATION, 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 INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED.
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.
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.
If you are a teacher, administrator or other employee of a Licensed Organization and require support in connection with your use of the GradPoint product, please contact our support help desk. If you are a student or parent, support is not available to you directly from Pearson; please direct any questions you have regarding your use of the GradPoint product to your Licensed Organization.
If you have any copyright concerns about any materials posted by others on this Site, or within the GradPoint 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:
NCS Pearson, Inc.
5601 Green Valley Drive
Bloomington, MN 55437
To be effective, the Notice must include the following:
Revised July 31, 2012