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Acceptance of Terms & Conditions
This portion of the website governs your use of our website, Pearsonpte.com (“our site” or “this site”) and/or any portion thereof. Please read these Terms and Conditions carefully before using our site. By using our site, you are indicating that you agree to all of the Terms and Conditions set forth herein. You are also indicating that you understand Pearson may revise the Terms and Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms and Conditions, because your continued use of this site after we have revised the Terms and Conditions will indicate that you accept them as revised. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON OR THROUGH THIS SITE. In these Terms and Conditions, "you" and “your” refers to any and all individuals and/or entities accessing this site for any reason.
Use of this Site
This site is owned and maintained by the language testing division of Pearson. Pearson authorizes you to view, access, and (where appropriate) contribute to a single copy of the Content (defined below) available from this site solely for your personal, non-commercial use. Subject to tagging content on social bookmarking sites where there is no commercial gain for you or a third party, you agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes any portion of the “Content,” which is defined throughout these Terms and Conditions as all of the products, services, and information including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, software (including source code), sounds, music, video files, and data (collectively, the “Content”) provided on Pearsonpte.com. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original content in any authorized copy that you make of this site. You are not authorized to use this site or Content, except as indicated above, in any manner, including, without limitation: (1) in violation of any applicable law, order, or regulation; (2) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others or (3) that is defamatory, obscene, threatening, abusive, or hateful. In addition, you shall not breach the security of this site, including, without limitation: (1) accessing data not intended for you or logging into a server account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this site and/or Content without proper authorization; and/or (3) using viruses, spamming, flooding, etc. to interfere with service to any user, host, or network.
By submitting content, you agree that:
- Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
- Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.
- Your submitted content does not contain personally identifiable information about other persons, such as their phone number, contact information or email address, or information about that could result in an invasion of their privacy or their harassment.
- You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).
- You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any content for any reason from pearsonpte.com.
You agree that all agreements, notices, disclosures, and other communications provided by Pearson to you electronically satisfy any legal requirement that such communications be in writing.
Proprietary Rights and Termination of Access for Repeat Infringers
A. Proprietary Rights.
Pearson has exclusive rights to or has been licensed by third parties to use all of the content. All content is subject to trademark, service mark, copyright, and/or other intellectual property rights or licenses held by Pearson. The entire content of our site is protected by U.K. copyright laws as a collective work, and Pearson owns a copyright in the selection, coordination, arrangement, and enhancement of the content. As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes the content without first obtaining written permission from Pearson. Any of these uses of the content, or any portion thereof, or use of the content for any purpose other than those explicitly authorized herein constitutes an infringement of Pearson copyrights and other proprietary rights. Use of the content on any other website or other networked computer environment is prohibited without prior written permission from Pearson. For related information, see the “Trademarks” section below.
In the case of third party material, every effort has been made to contact copyright holders to obtain their permission for the use of material.
B. Termination of Access for Repeat Infringers
As a condition of your use of this site, you agree not to use the site to infringe upon the intellectual property rights of others in any way. We will terminate the access of any users (including terminating their login and password) and block access to this site and any other Pearson language testing websites of any users who are repeat infringers of the copyrights or other intellectual property rights of others. Pearson reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user whose access is terminated or blocked
The trademarks and logos used on our site identify our products and services and are owned or licensed by Pearson. No use of any Pearson or a third-party trademark is permitted without proper attribution to Pearson or the proper party. Trademark use must comply with applicable trademark law.
This site and its content are provided to you on an “as is” and “as available” basis without warranties of any kind. You acknowledge that neither Pearson nor any of its directors, officers, employees, representatives, affiliates, and agents, nor any other party involved in creating, producing, or delivering any content on Pearsonpte.com makes any guaranties or warranties, expressed, implied, or statutory, with respect to the site and content or any other matter, including, without limitation: warranties regarding the accuracy or completeness of any content, warranties that the content will be free of errors, or warranties of merchantability or fitness for a particular purpose or infringement of third-party rights.
Pearson makes no representations or warranties that use of this site will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you obtain from or provide to the site if free of viruses, worms, and other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
LIMITATION OF LIABILITY
Pearson and its directors, officers, employees, representatives, affiliates, and agents shall not be liable to you for any loss, costs, damage, or other injury, of any kind whatsoever, whether in contract, tort (including negligence), or otherwise, arising out of or caused in whole or in party by: (1) your use of, inability to use, or reliance on any part of this site or content; (2) any errors or omissions in any part of the site or in any content on the site; or (3) Pearson or any other person’s performance of any obligations under or in connection with the terms and conditions. In no event will Pearson or any of its directors, officers, employees, representatives, affiliates, or agents be liable to you or any third party for any punitive, consequential, direct, incidental, indirect, special, exemplary, or similar damages even if advised of the possibility of such damage.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of Pearson and its directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms and Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of Pearsonpte.com. Without limiting the foregoing, if Pearson or any of its directors, officers, employees, representatives, affiliates, and agents is found liable to you for any claims or matters arising under or in connection with these terms and conditions, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to PearsonVue, if any, for the specific service or product giving rise to such liability. You expressly agree that use of this site and Content on Pearsonpte.com is at your own risk. Any Content downloaded or otherwise acquired through this site is obtained at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.
On this site there are some links to websites maintained by third parties over which Pearson has no control. We take no responsibility for the accuracy, content, or any aspect of such third-party material, and disclaim any liability to you for such content or for any consequence of your decision to use the links provided on Pearsonpte.com or the content on third-party websites. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through a third-party site is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Pearson or any of our affiliates arising from or based on your purchase or use of products or services or the content through such third-party sites.
Links do not imply that Pearson sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Pearson.
While it is very unlikely, Pearson is not responsible for any computer problem (including virus transmission) that you may experience as a result of visiting this site or any of its links.
Special Conditions for International Use & Exports
This site is controlled and operated by the language testing division of Pearson and certain service providers and/or agents from their offices within the United Kingdom. Pearson makes no representation that the Content provided on Pearsonpte.com is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions. If you choose to access this site and its Content, you do so on your own initiative and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United Kingdom or the country in which you reside. You further agree not to upload to our site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. You are also responsible for complying with any local laws in your country that may impact your right to import, export, or use any services provided on our site. These assurances and commitments shall survive any termination of the Terms and Conditions and your use of this site.
Pearson reserves the right to modify this site and the Terms and Conditions and any other policies governing the site at any time. Modifications may be posted on the site, and users are deemed to be apprised of and bound by any changes.
Termination & Investigations
Your agreement to the Terms and Conditions does not confer any rights, remedies, or benefits upon any person other than you and Pearson. You may not assign any rights under these Terms and Conditions without the prior written consent of Pearson. The Terms and Conditions shall be binding on and inured to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms and Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.