Introduction

Welcome to Work Sampling Online located at www.WorkSamplingOnline.com (the "System"). This System is brought to you by Pearson Early 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 Work Sampling System and Work Sampling for Head Start assessment program ("Service"). This System and the Services are provided to schools and license/program/site administrators, teachers, parents 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 contact us by telephone or email. Our telephone number is 1-800-874-0914. Our email address is info@schoolsuccess.net. You may also use the Contact Us page to send us an email message. If you want us to respond to your comment or question, please provide your contact information in your message.

Privacy

PEARSON is concerned about the safety and privacy of all Users of the System. Please read our Privacy Policy (http://www.worksamplingonline.com/School/Home/Legal/Privacy.cfm), which is an important part of these Terms of Use.

User License

The System is accessible to schools, school districts, Head Start Agencies, early childhood programs, and states that sign-up for the Service, through their registered users, such as a license/program/site administrator 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 Work Sampling System assessment data. Modifications of the materials or use of the materials on the System for any other purpose is a violation of PEARSON's 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 compliance with our system minimum requirements (please see our system requirements document). In addition, each registered administrator of the System (whether at the site, program or organization level), 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. 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 an administrator or a 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.

Postings

To the extent that certain areas of this System (including, portfolios and Forums) provide registered members an opportunity to post on-line notes and messages ("Postings"), be advised that PEARSON has no obligation to screen, edit, or review such postings prior to their appearance on the System, and the postings do not necessarily reflect the views of PEARSON. To the fullest extent permitted by applicable laws, PEARSON shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on the System. Because Forum areas are public areas for general discussion, please remember that any Posting in such areas is not private communication. Anything posted in the Forums will be seen by any User who accesses this area of the System.

PEARSON reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive, illegal, obscene, defamatory or otherwise in breach of this Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

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 nan appropriate 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 have a user identification and password created by their license/program/site administrator. Users 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 User's 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. The Administrative system, authentication system and the sensitive user information are encrypted using SSL encryption of HTTP data. 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.

Links to Other Sites

This System may provide links to other websites or resources. Because we do not control such websites and resources, you acknowledge and agree that PEARSON is not responsible or liable for the content, products or performance of such external websites and resources, and you hereby irrevocably waive any claim against PEARSON with respect to such websites and resources. PEARSON reserves the right to terminate any link at any time without notice. The inclusion of a link to another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by PEARSON of that website or resource, or any products or services provided therein. We recommend that you review any terms of use and privacy policy of a linked website before providing any information to that website or using its products and services. Domain names and trademarks of any linked website, and all content of such linked website, are the sole property of their respective owners.

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. All copyright, trademark, and other proprietary rights in the software, text, graphics, design elements, audio, music, and all other materials originated or used by PEARSON on the System (collectively, "Pearson Content") are reserved to PEARSON and other respective owners who have granted PEARSON the right and license to use such Pearson Content. 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 PEARSON'S 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 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 info@schoolsuccess.net or 1-800-352-6864.