Terms of Use

By accessing this website (the "Site") and using the Pearson ePortfolio system ("Services") contained on this Site, you agree you have read and understood these Terms and Conditions. You acknowledge your use of this Site and its Services are subject to these Terms and Conditions and Privacy Policy, and agree your use shall conform to these Terms and Conditions and Privacy Policy. By continuing to use this Site and its Services, you acknowledge that you understand, accept and agree to the terms of this Privacy Policy and the Terms of Use for this Site

This Site and the Pearson ePortfolio system are licensed or owned and maintained by NCS Pearson, Inc. (hereinafter "Pearson"). These Terms of Use apply to personal information that Pearson may collect or process in providing portfolio registration and services to the National Board of Professional Teaching Standards ("NBPTS"). Content created and/or provided by NBPTS candidates and submitted through this Site for review and scoring shall be owned and/or licensed pursuant to the agreement between the candidate and NBPTS. The Site and Pearson ePortfolio system and all assessment-related materials shall remain the intellectual property of Pearson, its licensors or NBPTS, as applicable.

Purpose and Requirements. This Site is intended to be used by NBPTS candidates as a source of information regarding portfolio submissions to NBPTS, and as an electronic portfolio or artifact submission system in connection with services provided by NBPTS. Candidates may use this site to upload and submit portfolio or artifact materials, to be transmitted to NBPTS, its subcontractors or its vendors for scoring. In order to participate in NBPTS portfolio submission on this site, candidates will be required to provide their name, e-mail address, address, telephone number, and portfolio voucher code(s) provided by NBPTS. Pearson will provide you with a user name and password. Do not share your password with others. Pearson will provide authorized users with access to the site as required for completion of tasks assigned to such user.

Acceptable Use of Site. You are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable right to access and use this system and Site for educational and non-commercial use only. Modifications of any materials on this Site other than materials you submit, or use of such materials for any purpose other than as contemplated in this Site, is a violation of Pearson's or third party copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site. You agree that you have all legal right to use and submit the NBPTS portfolio materials you upload to this Site. You agree that you have obtained all appropriate authorization forms and releases required for portfolio or artifact content submitted or uploaded to this Site, as may be required by your agreement with NBPTS.

Unlawful Use. As a condition of your use of this Site, you warrant to Pearson that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site. You agree to immediately notify es-postmaster@pearson.com of any unauthorized use of your account or any breach of security.

Consent to Solicitation. When you register for the Services, you agree that Pearson may provide you with information and other materials regarding NBPTS products, services, and other offers from time to time as described in the Privacy Policy. Solicitations will be made to the e-mail address and/or street addresses and telephone numbers provided to us during the registration process or subsequently updated personal contact information. If you do not want to receive such Solicitations, please send an e-mail to Pearson at es-postmaster@pearson.com, with "solicitation opt out" in the subject line.

DISCLAIMER. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARSON AND NBPTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON AND NBPTS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON AND NBPTS FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY PEARSON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON AND NBPTS, THEIR ASSIGNEES AND AGENTS, FOR ANY LIABILITY OR EXPENSE ARISING FROM YOUR UNLAWFUL OR UNAUTHORIZED SUBMISSION OF CONTENT THROUGH THIS SITE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL PEARSON OR NBPTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF 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) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE.

Copyright and Trademarks. The system and the materials found on this Site are proprietary property of Pearson and/or its customers or licensors and are protected by copyright 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. Copying, redistribution, or publication of any part of the Site, or materials found on the Site, is prohibited.

Digital Millennium Copyright Act Compliance. If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. Section 512). Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:

Designated Agent Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Facsimile: 201-785-2721
E-mail: dmca.agent@pearsoned.com

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit NCS Pearson, Inc. ("Pearson") to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Pearson Site ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Pearson Site;
Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works at a single Pearson Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination. You may terminate your use of this Site at any time by ceasing to use this Site. Your use of this Site may also be terminated immediately by Pearson if in Pearson's sole determination you fail to comply with any term or provision of these terms and conditions. To request the deactivation of your account, please contact us by e-mail at es-postmaster@pearson.com.

Other. These terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in MINNESOTA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Changes to These Terms of Use. We reserve the right to change these Terms of Use from time to time by posting an updated Terms of Use. We encourage you to review the Terms of Use periodically for any changes or updates. This Terms of Use is effective as of March 28, 2013, at 8:00 a.m. EDT.

Privacy. Users of this Site must review and assent to the terms of the Privacy Policy found on this Site.

How to Contact Us. If you have any questions about these Terms of Use, please contact: es-postmaster@pearson.com.

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