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.
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.
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.††
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.
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.†
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.
(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.
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.
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.