Terms and Conditions of Use

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 website immediately. In that case, you may pursue other processes for registration that do not depend upon access to this website or you may contact Pearson directly for further information.

Restriction on Use of Materials

This site is operated by Pearson, Inc. ("Pearson"). The materials posted on these pages by Pearson 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 Pearson. All trademarks, service marks, and trade names are proprietary to Pearson 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

PEARSON 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. PEARSON 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. PEARSON 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. PEARSON ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT. PEARSON MAY MAKE CHANGES TO THE CONTENTS, OR TO THE SERVICES OR MATERIALS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. PEARSON MAKES NO COMMITMENTS TO UPDATE THE CONTENTS.

Disclaimer of Liability

PEARSON, 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, INCIDENTAL, 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 PEARSON 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 WEBSITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE.

In addition to the terms set forth above, Pearson shall not be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within this website, or for any delay or interruption in therefrom or occasioned thereby. Pearson shall not be liable for any third-party claims or losses of any nature, including, but not limited to, punitive or consequential damages.

Digital Millennium Copyright Act Compliance

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

Designated Agent Pearson Education, Inc.
Email: 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 Pearson Education, 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

These Terms and Conditions of Use are effective so long as you use this site or until terminated by Pearson, either with or without cause. You may terminate your use of this website 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 of Use.

Pearson 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 June 12, 2018, at 12:00 a.m. EDT. Your continued use of this website following the posting of changes to these Terms and Conditions of Use will constitute your acceptance to those changes.

Linking

This website may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of Pearson. In either case, the linked (or linking) websites are not under the control of Pearson, and Pearson is not responsible for the content of any linked website or any link contained in a linked website. Pearson reserves the right to terminate any link or linking program at any time. Pearson 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 websites linked to this website, or if you link to this website from some other website, you do this entirely at your own risk.

If you link to another website, you are leaving the Pearson website. By providing this linking service, Pearson 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 Pearson in the United States and intended for use within the United States. Pearson 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 and 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 of Use 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 extraterritorial 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 and acknowledge the Privacy Policy with respect to the service and content provided by this website. This Agreement constitutes the entire and only agreement between you and Pearson and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the website, the content and services provided by or through the website, and the subject matter of this agreement. This agreement shall not be modified except by Pearson 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.

Copyright

Site and Purchase Terms and Conditions

By accessing this website and 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 website and the Pearson ePortfolio system is licensed or owned and maintained by Pearson, Inc. (hereinafter "Pearson"). These Terms of Use apply to personal information that Pearson may collect or process in providing testing registration and testing services. Content created solely by site users, not including any embedded content owned by any third parties, and submitted through this site for review and scoring, shall remain the intellectual property of the individual that created such content. The Site and Pearson ePortfolio system and assessment related materials shall remain the intellectual property of Pearson, its licensors or Client, as applicable.

Purpose and Requirements. This site is intended to be used by higher education faculty and Candidates as a source of information regarding edTPA, and as an electronic portfolio or artifact submission system in connection with edTPA. Candidates fulfilling a requirement for an educator preparation program and/or certification ("Candidates") may use this site to upload portfolio or artifact materials and submit to Pearson for scoring. In order to purchase edTPA services and register for official edTPA scoring, Candidates will be required to provide their payment or credit card information, name, e-mail address, address, phone number, date of birth, gender (optional), licensure state, highest education level attained, certification level and area, English language proficiency (optional), ethnicity (optional), and reason for taking assessment. 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.

Payment Methods. The fees for registering for edTPA services must be paid using a credit card (VISA or MasterCard only) or a debit or check card that carries the VISA or MasterCard logo and that can be used without the entry of a personal identification number (PIN). Bank cards without a VISA or MasterCard logo cannot be accepted. The merchant name that will appear on your credit card statement is "Texas Educator Exam." Information regarding refunds for withdrawal is available on the Withdrawal/Refund policy on the Texas Educator Certification Examination Program website.

Acceptable Use of Site. You are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this edTPA system and Site for educational and non-commercial use only. Candidates will be required to purchase services before certain functionality on the site is available for use. Modifications of any materials on this Site or use of the 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, title, and interest to use and submit the edTPA materials you upload to this Site. You agree that you have obtained appropriate authorization forms and releases required for portfolio or artifact content submitted or uploaded to this Site.

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 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 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON DOES 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 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, ITS 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 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 edTPA is prohibited.

Digital Millennium Copyright Act Compliance. If you have any copyright concerns about any materials posted on this site ("Pearson 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. - 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 January 29, 2019, 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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