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Terms and Conditions of Use Agreement

Welcome to the Terms and Conditions of Use Agreement (the “Agreement”) for the SpeechandLanguage.com website (the “Site”).

This Site and all of its contents is exclusively owned by NCS Pearson, Inc. (“Pearson Assessments”). This Agreement describes the terms and conditions and the general principles applicable to your use of the Site.

By visiting or using this Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Pearson Assessments may amend this Agreement at any time by posting the amended terms on the Site. If you do not agree to these terms and conditions of use, please cancel this transaction and do not use this Site.

1. Service Terms

a. Use of Site. Pearson Assessments grants you a limited non-exclusive revocable license to access and use this Site, provided you comply with the terms of this license. The permission granted to you shall terminate automatically if you breach any of the terms and conditions set forth in this Agreement. Pearson Assessments reserves the right to modify or remove any materials or products listed on the Site at any time without notice.

b. Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account or product information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pearson Assessments. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit viruses, Trojan horses or any other malicious code or program or engage in any other activity deemed by Pearson Assessments to be in conflict with the spirit or intent of this Agreement. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profanity, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

c. Your Use of the Site.

a.  You agree not to use this Site to:

(1) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law — Pearson Assessments will fully co-operate with any law enforcement authorities or any court order requesting or directing Pearson Assessments to disclose the identity of anyone posting or transmitting any such information or materials;;

(2) impersonate another user of this Site including an employee of Pearson Assessments;

(3) intentionally or unintentionally violate any local, state, or federal law;

(4) upload, post or transmit any software of files that contain software viruses or other harmful computer code;

(5) interfere with the operation of Pearson Assessments’ web servers or other computers or Internet or network connections;

(6) upload, post, or transmit any information, pictures, graphics or other content that violates the copyright, patent, trademark, or trade secret rights of another party;

(7) upload, post or transmit any unsolicited or unauthorized advertising, including spam; or

(8) alter, damage or delete any content or other communications that is not your own or otherwise interfere with the ability of others to access this Site or falsify the origin or source of software or other material contained in a file that is uploaded.

(9)  If Pearson Assessments is notified of any of the above violations, Pearson Assessments will investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content and terminate your use of the Site. Pearson Assessments may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Pearson Assessments and its officers, directors, employees, affiliates, agents, third-party content providers, merchants, sponsors, and licensors and any other user. Pearson Assessments reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, or any rights of Pearson Assessments and its affiliates. Pearson Assessments shall not assume liability for any action or inaction with respect to any conduct, communication, or content on the Site. b. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for your use of this Site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, programs and services required to access and use the Site.

c. Security. You shall be solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pearson Assessments, and its affiliates, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

d. Privacy. Pearson Assessments does not sell or rent your Personal Information (as defined in the Privacy Policy) to third parties for their marketing purposes without your explicit consent, and we only use your information as described in the Privacy Policy. We understand clearly that you and your information are one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available at http://www.speechandlanguage.com/privacy.asp. If you object to your information being transferred or used in this way, please do not use this Site.

e. Cookies. When you visit this Site, Pearson Assessments may store some information on your computer. This information will be in the form of a “cookie” or similar file and can help us maintain and improve this Site in many ways. A “cookie” is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. Please refer to our Privacy Policy for more information regarding the use of cookies.

f. Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Pearson Assessments may undertake from time to time; or (iii) causes that are beyond the control of Pearson Assessments or that are not reasonably foreseeable.

2. Ownership of Intellectual Property

a. Trademarks. The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks exclusively licensed to Pearson Assessments or their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Pearson Assessments or the owner of the Trademark. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Pearson Assessments’ Trademarks without the express written consent of Pearson Assessments. Any unauthorized use terminates the permission or license granted by Pearson Assessments.

b. Copyrighted Works. All content contained on this Site, including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communication programs, Internet links, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases is exclusively owned by Pearson Assessments and is protected by U.S. and international copyright laws. Some product and publication listings, photographs and descriptions contained on the Site are owned by their respective owners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site without the prior express written permission of Pearson Assessments and the appropriate third party as applicable.

3. Submitted Comments, Articles, and Other Content

a. Submission of Information. You may post questions, comments, communications, and submit suggestions, ideas, answers, or other information on this Site. Pearson Assessments reserves the right, but not the obligation, to remove or edit any content submitted by you to this Site. You acknowledge that you are responsible for all information voluntarily submitted by you to this Site. You are fully responsible for any and all information that you upload, post, e-mail, or transmit or retrieve using this Site. Under no circumstances shall Pearson Assessments be liable for any information or other content voluntarily submitted by you. Pearson Assessments does not control the information and other content you submit through this Site. All Submissions become Content that is owned by Pearson Assessments.

b. Permission to Use Submitted Articles and Content. If you post content or submit material, you grant Pearson Assessments and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, right to use, copy, reproduce, modify, adapt, publish, sublicense, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pearson Assessments and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pearson Assessments and its affiliates for all claims resulting from content you supply. Pearson Assessments has the right, but not the obligation, to monitor and edit or remove any activity or content. Pearson Assessments takes no responsibility and assumes no liability for any content posted by you or any third party.

c. Disclaimer of Content. For any Submissions and User Content, you acknowledge and agree that (a) Pearson Assessments reserves the right (but has no obligation) to evaluate each Submission and all User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor Submissions and User Content; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission or User Content; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Submissions, User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Pearson Assessments, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition, Pearson Assessments has no control over, and Pearson Assessments and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through any Submission, any User Content or any other part of the Site.

Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive, or offensive. Pearson Assessments and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information or statements made in any Services by third parties. Without limitation, Pearson Assessments and the Affiliated Entities are not responsible for any information or materials made available through the Services (including without limitation errors or omissions in postings or links or images embedded in messages or profiles) or results obtained by using any such information or materials. Under no circumstances will Pearson Assessments, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Pearson Assessments or any Affiliated Entity.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK.

4. Links

The Site may provide, or third parties may provide, links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement or sponsorship by Pearson Assessments or its affiliates with respect to the provider of such linked site, or the quality, reliability or any other characteristic or feature of such linked site, and Pearson Assessments is not responsible in any manner, including without limitation with respect to any loss or injury you may suffer, for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. PEARSON ASSESSMENTS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.

5. Disclaimer of Warranties

PEARSON ASSESSMENTS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PEARSON ASSESSMENTS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PEARSON ASSESSMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON ASSESSMENTS DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PEARSON ASSESSMENTS OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES AND PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

7. Release and Indemnification

a. Release. In the event that you have a dispute with a purchase or the manufacturer of any products or provider of services offered on this Site, you agree to release Pearson Assessments and its members, governors, directors, officers, employees and agents from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

b. Indemnification. You agree to indemnify, hold harmless and defend Pearson Assessments, its members, governors, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (a) this Agreement; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site as set forth in Section 1b.

8. Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue unless terminated by Pearson Assessments. Pearson Assessments reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this Agreement.

9. Miscellaneous

a. Amendment. Pearson Assessments shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.

b. Law. This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to conflicts of laws.

c. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections that any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota, and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Minnesota.

d. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.