YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to the terms and conditions listed on this
page. If you do not agree to be so bound, please exit this Web site immediately. In that case, you may pursue
other processes for registration that do not depend upon access to this Web site.
Restriction on Use of Materials
This site is operated by National Evaluation Systems ("NES"), a business of NCS Pearson,
Inc. The materials posted on these pages by NES may be retrieved solely for your own personal noncommercial
use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. In doing so,
you may not remove or alter any trademark, copyright, or other proprietary notice. You may not otherwise copy,
modify, or distribute the contents of these pages without the express written permission of NES. All trademarks,
service marks, and trade names are proprietary to National Evaluation Systems or the third party owner of such
mark or name and in any case must not be copied or replicated unless with the permission of and subject to the
requirements of the owner.
Disclaimer of Warranties/Exclusions of Consequential Damages
NES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS
(INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. PROMISSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THESE PAGES. NES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES
WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PAGES OR THE SERVER THAT MAKES
THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, NES ALSO MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT. NES MAY
MAKE CHANGES TO THE CONTENTS, OR TO THE SERVICES OR MATERIALS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE.
NES MAKES NO COMMITMENTS TO UPDATE THE CONTENTS.
Disclaimer of Liability
NES, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES,
AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTIAL, COMPENSATORY, SPECIAL,
OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA
RESULTING FROM THE USE OF THESE PAGES, EVEN IF NES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THIS DISCLAIMER OF LIABILITY APPLIES TO DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSIONS, 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 THIS WEB SITE WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU
DEEM APPROPRIATE.
In addition to the terms set forth above, NES shall not be liable regardless of the cause or duration for any
errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information
contained within this Web site, or for any delay or interruption in therefrom or occasioned thereby. NES shall
not be liable for any third-party claims or losses of any nature, including, but not limited to, punitive or
consequential damages.
Termination
These Terms and Conditions of Use are effective so long as you use this site or until
terminated by National Evaluation Systems, either with or without cause. You may terminate your use of this
Web site at any time by ceasing to use this site. Your use of this site may also be terminated immediately
by National Evaluation Systems, if in National Evaluation System’s sole determination you fail to comply with
any term or provision of these Terms and Conditions of Use.
National Evaluation Systems reserves the right, at its discretion, to change, modify,
add, or remove portions of these Terms and Conditions of Use at any time. The effective date and time of
these terms and conditions is July 29, 2007, at . Your continued use of this Web site following the posting
of changes to these Terms and Conditions of Use will constitute your acceptance to those changes.
Linking
This Web site may from time to time contain links to third-party Web sites. It may also be
linked with other Web sites, either with or without the consent of NES. In either case, the linked (or linking)
Web sites are not under the control of NES and NES is not responsible for the content of any linked Web site or
any link contained in a linked Web site. NES reserves the right to terminate any link or linking program at
any time. NES does not endorse companies, institutions, organizations, or products to which it links (or is
linked). If you decide to access any of the third-party Web sites linked to this Web site, or if you link to
this Web site from some other Web site, you do this entirely at your own risk.
If you link to another Web site, you are leaving the NES Web site. By providing this
linking service NES is not undertaking any responsibility or liability for the information or publications of
third parties on the Internet even if you access them through these pages.
Choice of Law/Consent to Jurisdiction
These pages are controlled and operated by NES in the United States and intended for use
within the United States. NES makes no representations that materials on these pages are appropriate or
available for use in other locations. Those who choose to access these pages from other locations do so on
their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use
shall be governed by, construed and enforced in accordance with the laws of the United States of America and
the State of Minnesota, except with regard to laws pertaining to choice of law. Any action to enforce these
Terms and Conditions shall be brought solely in the federal or state courts located in the Hennepin County State
of Minnesota. You expressly submit to the jurisdiction of said courts, and consent to extra-territorial
service of process. The language in these Terms and Conditions of use shall be interpreted as to their fair
meaning and not strictly for or against any party. If any provision of these terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
Entire Agreement
You agree to the terms and conditions outlined in these Terms and Conditions of Use with
respect to the service and content provided by this Web site. This Agreement constitutes the entire and only
agreement between you and NES and supersedes any and all prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the Web site, the content and services provided by or through
the Web site, and the subject matter of this agreement. This agreement shall not be modified except by National
Evaluation Systems as provided for above.
Headings
Should any of the provisions of these Terms and Conditions of Use be declared or determined
by any court to be illegal or invalid, the remaining provisions will not be affected and the illegal or invalid
provisions shall not be deemed a part of these Terms and Conditions of Use. The headings of each of the Terms
and Conditions of Use are for convenient reference only. They are not a part of the Terms and Conditions of Use
themselves; they do not necessarily reflect the entire subject matter of each provision; and they are not
intended to be used for the purpose of modifying, interpreting, or construing any of these Terms and Conditions
of Use.
Trademarks
NES is a trademark, in the United States and/or other countries, of Pearson Education, Inc.
or its direct affiliate(s).
