DRA ONLINE MANAGEMENT SYSTEM
TERMS OF USE

Introduction

Welcome to the DRA Online Management System located at DRAonline.PearsonLearning.com (the "System").† This System is brought to you by Pearson Learning, a division of Pearson Education, Inc., ("PEARSON").† Through the System, we provide online management and reporting of teacher-entered student assessment data in connection with the Developmental Reading Assessment ("DRA") program ("Service").† This System and the Services are provided to schools and district administrators, teachers, application administrators and other authorized school officials once they register for this Service.

It is important to us that the System provides a helpful and reliable experience to users.† To protect our rights and yours, we have prepared these Terms of Use that apply to all users of the System.† If you have any questions concerning these Terms of Use, please go to the Contact us page of Community Connection, https://pearsonnacommunity.force.com/coco/s/Contact_Us If you want us to respond to your comment or question, please provide your contact information in your message.

Please read these Terms of Use carefully before using the System.† By clicking "I Agree" during the registration and enrollment process, you represent (for your school or district) that you have read and understand these Terms of Use, that you are an authorized representative of your school or district and that you (on behalf of your school or district) agree to be bound by them.† If you do not agree, you will not be able to register on the System.† By agreeing to these Terms of Use and by using the System, you agree to use our Services in a manner consistent with all applicable laws and regulations and in accordance with these Terms of Use.† We may revise these Terms of Use at any time by updating this posting.† Please check these terms periodically for revisions.† Revisions become effective when posted, and your continued use of the System following the posting of revisions to these terms, including the Privacy Policy will indicate your acceptance of these revisions.

Privacy

Pearson is concerned about the safety and privacy of all Users of the System.† Please read our Privacy Policy, which is an important part of these Terms of Use.

User License

The System is accessible to schools, school districts and states that sign-up for the services, through their registered users, such as an application administrator, view-only access user, or a teacher ("Users").† In consideration of the applicable annual subscription fees, Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the System for use in connection with the online management of and generating reports in connection with DRA student assessment data.† Modifications of the materials or use of the materials on the System for any other purpose is a violation of PEARSONís copyright and proprietary rights.† Except as allowed by the System, you agree not to duplicate, publish, modify, or otherwise distribute the materials on the System unless specifically authorized in writing by PEARSON to do so.

System Requirements

Use of the System requires a Java-enabled internet browser.† In addition, each registered User of the System (whether an application administrator, view-only access user or teacher) is required to have a working email address that should be reviewed on a regular basis.† We will send initial registration notifications, approval notifications and other updates and information to this email address.† A school or district email system must also allow the receipt of bulk e-mails from Pearson Learning.† PEARSON does not enter or input student information or student assessment data into the System.† All entry, inputting or importing of all such relevant student information or assessment data should be entered or imported into the System by the teacher (or confirmed that such information is in the System) before running any relevant reports or aggregating such data.

Unlawful Use

As a condition of your use of the System, you warrant to PEARSON that you will not use the System for any purpose that is unlawful or prohibited by these Terms of Use.† You agree not to use the System in any manner that could damage, disable, overburden, or impair the System or interfere with any other party's use and enjoyment of the System.† You agree not to obtain or attempt to obtain through the System any materials or information not intentionally made available to you through the System.

User Obligations

In consideration of your use of the System, you agree to: (a) provide true, accurate and current information about yourself, and/or the persons you designate to use the Services, as prompted by the System tools, and (b) maintain and promptly update this information to keep it true, accurate, current, and complete.† If you provide any information that is untrue, inaccurate, not current, incomplete, or misrepresentative, or PEARSON has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or misrepresentative, PEARSON has the right to suspend or terminate your access and refuse any and all current or future use of the System.††

Service Terms

You understand and agree that the Services are provided "AS-IS" and that PEARSON assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any student, teacher or school data or personalization settings.

In order to use the System, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.† In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer, modem or other access devices and a java enabled internet browser.

PEARSON DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE SYSTEM. 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 OR REPORTS. YOU AGREE AND UNDERSTAND THAT THE ENTRY OF ALL STUDENT ASSESSMENT DATA IS YOUR RESPONSIBILITY AND THAT PEARSON SHALL HAVE NO OBLIGATION TO ENTER ANY SUCH DATA INTO THE SYSTEM.† YOU FURTHER UNDERSTAND THAT THE REPORTS AND OTHER ONLINE MANAGEMENT TOOLS AVAILABLE ON THE SYSTEM ARE ONLY AS ACCURATE AS THE ASSESSMENT DATA THAT YOU INPUT OR OTHERWISE ENTER INTO THE SYSTEM.

Modification or Termination

PEARSON reserves the right at any time, and from time to time, to modify this System or the Services, or any part thereof.† PEARSON reserves the right to terminate your user identification or password, or any part thereof, or your use of the System if PEARSON believes that you have violated or acted inconsistently with these Terms of Use, including, without limitation, the Privacy Policy.† You agree that any termination of your access to the System or Services under any provision of this Terms of Use may be effected with or without prior notice, and acknowledge and agree that PEARSON may immediately deactivate or delete your user identification and password and all related information and files under your user identification and password and/or bar any further access to Services.

Security

Each User will choose a user identification and password upon completing the registration process.† You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification.† A user identification and password should be maintained confidentially.† A User can change his password (but not his unique user identification) at any time.† You agree to (a) immediately notify PEARSON of any unauthorized use of your password or user identification, or another Userís password or user identification, or any other breach of security, and (b) ensure that you exit from use of the System under your user identification and password at the end of each session.† PEARSON cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.†

The System is protected by the Verisign Security Certificate and all data is encrypted for transmission.† Unfortunately, no data transmission over the internet is guaranteed completely secure.† Given the inherent operation and structure of the internet, all transmissions are done at your own risk.†

Copyright and Trademark Notices

The content and software on the System are proprietary property of PEARSON, and/or its licensors and are protected by copyright, trademark and other intellectual property laws.† 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 mark.

The entire content of the System is copyrighted by PEARSON or its licensors and is protected by copyright and other intellectual property laws.† Except as allowed by the System, copying, redistribution, or publication of any part of the System and Services is prohibited.† Any student assessment results or conclusions entered by you into the System is your data and we agree not to disclose such personal information as per our Privacy Policy.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICES AND THIS SYSTEM IS AT YOUR OWN RISK. THE SERVICES AND THIS SYSTEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.† PEARSON EXPRESSLY DISCLAIMS 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) PEARSON MAKES NO WARRANTY THAT (i) THE SYSTEM AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND THIS SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND THIS SYSTEM WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR THIS SYSTEM WILL MEET YOUR EXPECTATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND THIS SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHERWISE OBTAINED FROM ANY SUCH MATERIAL.

Limitation of Liability

IN NO EVENT SHALL PEARSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THIS SYSTEM.† IN NO EVENT WILL PEARSONíS TOTAL LIABILITY TO ANY SCHOOL OR SCHOOL DISTRICT WITH RESPECT TO THE SYSTEM OR THESE SERVICES EXCEED THE TOTAL CHARGES PAID BY SUCH SCHOOL OR SCHOOL DISTRICT TO PEARSON FOR THESE SERVICES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.† ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold PEARSON, and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services or the System, your connection to the Services or the System, your violation of these Terms of Use, or your violation of any rights of another User.

General Information; Governing Law

The Terms of Use constitute the entire agreement between you and PEARSON, govern your use of our Services, and supercede any prior agreements between you and PEARSON concerning the System.† You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software.† These Terms of Use and the relationship between you and PEARSON will be governed by the laws of the State of New York 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 County of New York, New York.† 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.

Violations

Please report any violations of the Terms of Use to our support team. Go to the Contact Us page of Community Connection, https://pearsonnacommunity.force.com/coco/s/Contact_Us