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Product Purchasing Terms & Conditions
Materials and Ordering Information
- Customer Service
- Expedited Delivery
- Backorders
- Confirming Orders
- Returns, Credits, Adjustments
- Embargoes
Scoring & Reporting Services
Terms and Conditions of Use
- Acceptance of Terms and Conditions
- Prices
- Taxes
- Shipping and Handling
- Limited Warranty
- Confidentiality
- Maintenance of Test Security and Test Use
- Copyright Notice
- Limited License
- Limitation of Liability
- Force Majeure
- Notices
- Governing Law and Venue
- Limitation of Claims
- Export Law Assurance
- Software
- Permissions and Licensing
- Permission to Use Copyrighted Test Norms
- Permission for Research
- Qualifications to Purchase
- Trademarks
Materials and Ordering Information
To obtain prompt service, orders for print-based materials should be sent to the Customer Service Center, P.O. Box 599704, San Antonio, TX 78259-9704. You may also place your order for print materials by calling 877-324-2401 or faxing your order to 888-556-2103. For information on ordering the web-based products on this website, click on the product title.
Customer Service must receive orders by noon Central Standard Time for Expedited Delivery.
We make every attempt to maintain sufficient inventory to handle all routine orders without backorders. If a backorder occurs and you desire partial shipment or would prefer that we hold your order until it can be filled in its entirety, please let us know.
If an order is placed by phone or fax and followed up with a confirming purchase order, please make certain that it is clearly marked as CONFIRMING. This will prevent a duplicate shipment.
5. Returns, Credits, Adjustments
Pearson guarantees satisfaction with the physical quality of printed test materials covered by these terms and conditions. If materials are damaged or defective, they may be returned for exchange or credit at any time. If not defective in manufacturing, resalable test booklets, answer documents, and accessory materials may be returned for credit within 90 days of the invoice date. Only unbroken, resalable packages will be accepted, and packages must show complete name, address, invoice number, and reason for return on all paperwork. All returns (except those resulting from shipment error or manufacturing defects) will be assessed a 10% restocking fee.
Please observe these procedures to ensure prompt handling:
- Check your shipment upon receipt.
- Do not open packages; broken test packages cannot be accepted for credit unless defective.
If you receive incorrect materials or quantities, or damaged or defective items, please call 877-324-2401.You will be connected with a Customer Service Associate who will provide assistance.
Please note that at times, Pearson must restrict the sale of certain test materials within specific geographic regions because of various contractual arrangements.
Scoring & Reporting Services
Contact Pearson (877-324-2401) for information and assistance when ordering scoring services and to resolve scoring problems. (When calling to discuss a scoring problem, be ready to provide the name, address, and zip code from the "Ship To" section of your Order for Scoring Services). If you have received your reports, also provide the Process Number located at the bottom right of the report.
1. Where to Send Answer Documents
Print test materials covered by these Terms and Conditions should be sent for scoring to:
NCS Pearson, Inc.
Attn: ATR Data Prep
905 West Howard Lane
Austin, TX 78753
Once your shipment has arrived at Pearson, you should allow approximately 15 business days processing time for multiple-choice assessments, providing the shipment is processable when it arrives, plus the transportation time required for shipping score reports back to you.
Should an "alert" situation occur in your order, your score reports may be delayed. You will be contacted if a problem arises. We suggest that you schedule meetings to present and discuss test results only after the reports have arrived.
Unless you request the return of answer documents on your Order for Scoring Services (OSS), answer documents are retained for 60 days and then destroyed. Please indicate on the OSS if answer documents are to be returned. There is an additional charge for the return of answer documents.
Terms and Conditions of Use
Effective: January 1, 2010
IMPORTANT NOTE: These Terms and Conditions of Use apply to the products and services listed on this website (Site), unless otherwise noted.
Where links are provided on this website to other sites for information about ordering specific products, the Terms and Conditions governing those products are listed on those specific sites.
Distributed products are subject to the terms and conditions established by the copyright owner for those products.
These Terms and Conditions of Use are subject to change; the Terms and Conditions of Use posted and applicable at the time of order shall govern each order.
For the purposes of these Terms and Conditions of Use, the term "Customer" used throughout shall mean any district, school, agency, company or individual, whether public or private, purchasing a license to use any of the materials on this website.
1. Acceptance of Terms and Conditions of Use
The purchase of a license for the use of test instruments, related materials, and services covered by these Terms and Conditions of Use are based upon acceptance of the various terms and conditions and adherence to all policies described, which may be modified from time to time. Customers agree to be bound to all terms and conditions effective at the time of order when placing an order for materials, signing the applicable Pearson Qualifications Form, a Purchase Order, a Test Order Form, an Order for Scoring Services, or by partial or total payment of Pearson’s invoice for any tests, materials, or services ordered. No modification or additions to these terms and conditions are binding upon Pearson unless previously agreed to in writing by an authorized representative of Pearson, including but not limited to any terms that may appear on customer purchase orders.
All prices and terms are subject to change without notice and are exclusive of taxes and shipping and handling charges.
Terms are Net 30 Days. No discounts are offered for cash payments or prompt payment.
If an account is not currently listed as "tax-exempt," applicable state and local taxes will be added to the invoice. Customers wishing to be listed as "tax-exempt" for future purchases must send a copy of a tax-exempt certificate to our Customer Service Center, Attn: Account Maintenance, P.O. Box 599704, San Antonio, TX 78259-9704.
Test materials are shipped by traceable means via ground delivery unless first class, air, or special delivery is requested. Orders that include a specific delivery date will be treated as authorizing air or special delivery charges if accelerated shipping (or delivery) is needed to meet the required date. A handling charge of 8.5% will be added to orders for materials or scoring services to cover picking, packing, assembly and shipping costs. Software shipping and handling charges may vary. This charge will be listed on the invoice as "Shipping and Handling." Please allow 10 days for delivery of test materials after receipt of an order.
Shipping and handling charges are subject to change without notice. For orders placed through the website for the products and services covered by these Terms and Conditions of Use, the minimum shipping charge is $10.00.
Pearson warrants that the products covered by these Terms and Conditions of Use will be manufactured in usable quality. PEARSON MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REPLACEMENT OF MATERIALS, OR REFUND OF ALL OR A PORTION OF THE LICENSE PRICE (BASED UPON THE SALABLE CONDITION OF THE MATERIALS), AT PEARSON'S SOLE OPTION AND IN ACCORDANCE WITH THE PRODUCT RETURNS POLICY, CONSTITUTES THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY.
Some jurisdictions restrict certain limitation of warranties, so some or all of the above limitations may not apply to all customers.
Customer acknowledges and agrees the contents of Pearson's tests may constitute trade secrets, which include confidential and proprietary material, information, and procedures. Customer will not sublicense, rent, lend, transfer, lease, resell or otherwise distribute materials, or authorize or allow disclosure of the contents of a test instrument protocol, including test questions and answers, or normative data, except under the limited circumstances described in the section titled "Maintenance of Test Security," or as otherwise contemplated in the manual associated with the test. Customer acknowledges and agrees that the use or disclosure of trade secrets in a manner inconsistent with the provisions of this Agreement may cause Pearson irreparable damage for which remedies other than injunctive relief may be inadequate. Accordingly, Customer agrees that in any request by Pearson to a court of competent jurisdiction for injunctive or other equitable relief seeking to restrain such use or disclosure, Customer will not maintain that such remedy is not appropriate under the circumstances.
7. Maintenance of Test Security and Test Use
Each person or institution purchasing a test license must agree to comply and cause its employees and others having access to test materials to comply with these basic principles of minimum test security:
- Test takers must not receive test answers before beginning the test.
- Test questions are not to be reproduced or paraphrased in any way.
- Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
- Test materials and scores may be released only to persons qualified to interpret and use them properly.
- If a test taker or the parent of a child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college, or institution that administered the test, but must not be permitted to take notes or make copies of any of the test materials. Such review should not be permitted in those jurisdictions where applicable laws require the institution to provide a photocopy of the test subsequent to review. If Customer is not certain of the effect of the laws in a particular state, please contact the relevant state's professional organization.
- No reproduction of test materials is allowed in any form or by any means, electronic or mechanical.
- Requests to copy any test materials must be in writing and directed to the:
Legal Department
Assessment for Learning
NCS Pearson, Inc.
19500 Bulverde Rd.
San Antonio, Texas 78259-3701.
Our policy on confidentiality and release of test materials to unqualified individuals can be viewed online in our Legal Policies section.
- Test materials may not be resold or distributed for any purpose.
- Additional test administration guidelines as listed in the Administration Guides or Manuals for each product will be strictly followed.
Tests, test booklets, test items, norms, score reports, and other related materials of Pearson are copyrighted. They are not to be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system without permission in writing from Pearson. The reproduction of any part of Pearson's copyrighted tests and related materials in any way, whether the reproductions are sold or furnished free for use, is a violation of federal copyright law. No adaptations, translations, modifications, or special versions may be made without permission in writing from Pearson; customers are advised that such adaptations, translations, modifications, or special versions may affect the validity of the tests.
Customer acknowledges and agrees that Customer is purchasing a nonexclusive, nontransferable, revocable, limited license to use the copyrighted material subject to these Terms and Conditions of Use. The purchase of a license for any copyrighted material in no way transfers copyrights or other ownership interests to Customer except for a limited license hereunder. Additionally, Customer shall not (and shall not permit others to) sublicense, rent, lend, transfer, lease, sell or provide to others the copyrighted material except as otherwise provided by these Terms and Conditions of Use.
PEARSON SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOST BUSINESS, PROFITS, INCOME, OR GRANTS, OR EXPENSES INCURRED BY CUSTOMER AS A RESULT OF DELAYS OR THE LICENSE OF SUBSTITUTE MATERIALS, ARISING OUT OF THIS AGREEMENT AND/OR THE USE OR MISUSE OF, OR INABILITY OF CUSTOMER TO USE, ANY PRODUCTS OR MATERIALS SUPPLIED HEREUNDER, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, CUSTOMER SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY CUSTOMER TO PEARSON HEREUNDER FOR THE APPLICABLE PRODUCTS OR MATERIALS ON WHICH THE CLAIM IS BASED.
Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, war, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing party and not due to its fault or negligence.
Any required notices shall be given in writing to the Customer at the most recent contact information provided by Customer to Pearson. Customers agree that Pearson may send notices by electronic mail as an alternative to conventional mail.
These Terms and Conditions of Use, each transaction entered into in connection with this Terms and Conditions of Use, and all matters arising from or related to these Terms and Conditions of Use (including validity and interpretation) are governed by, construed, and enforced in accordance with the laws of the State of Minnesota, without reference to any conflict of law principles.
Customer must bring any action on any claim against Pearson within one (1) year following the date the claim first accrued, or it shall be deemed waived.
If the product(s) ordered from Pearson have been rightfully obtained within the United States, Customer agrees and certifies that neither the products nor any technical data received by the Customer from Pearson will be exported outside of the United States, except as authorized by the laws and regulations of the United States.
Some products are sold on a subscription basis and each license may be installed and used by one user only (unless otherwise noted).
Software may be returned within 30 days of invoice date. Software must be returned with all media, accompanying materials, and original packaging along with a written statement verifying that the software has been removed from all computers.
Reproduction of any purchased materials on this website requires the prior written consent of Pearson. Questions and answers may not be reproduced without written permission, regardless of the number of lines or items involved. Test copies may not be bound in theses, dissertations or reports placed in libraries, generally circulated, or accessible to the public, or in any article or text of any kind.
Pearson will consider requests for permission to reproduce, modify, or translate part or all of any copyrighted publication and will also consider the granting of licenses for use of our copyrighted materials. Requests to reproduce, translate, adapt, modify, or make special versions of these publications must be in writing and directed to:
NCS Pearson, Inc.
Assessment for Learning
Legal Department
19500 Bulverde Rd.
San Antonio, Texas 78259-3701
or sent via email to Legal.Department@pearson.com
Once approved, any reproduction must include acknowledgement of the source, including author, test, publisher, and copyright notice.
18. Permission to Use Copyrighted Test Norms
Pearson has the sole right to authorize reproductions of any portion of its published tests, including test norms. Copying of test norms without authorization is a violation of copyright. The term "copying" includes, but is not limited to, entry of test norms into a computer memory for purposes of test processing, scoring, or reporting. Any person or organization wanting to use Pearson's test norms for products on this website must submit a formal written request to Legal.Department@pearson.com. If permission is granted, a fee may be charged. Permission from Pearson for use of test norms does not imply endorsement of, or responsibility for, the accuracy or adequacy of any test processing, scoring, or reporting service.
Permission is not needed for research by individuals who are qualified to license and administer the tests; however, no reproduction of test materials is allowed for any purpose, including articles and reports based on research, without the prior written consent of Pearson.
20. Qualifications to Purchase
No tests are licensed for self-guidance, nor to any individual or organization engaged in testing and counseling by mail. Test users must agree to guard against the improper use of Pearson's tests in order to retain the right to license those tests. To protect their security and value, tests and scoring keys must be kept in locked files or storage cabinets accessible only to authorized personnel.
No educational materials will be shipped to a home address. If Customer is a homeschooler, please contact Customer Service for advice. There are homeschool agencies that provide testing services in programs approval by Pearson.
Test materials may not be resold or otherwise distributed, or used as tools for performance coaching or to design performance coaching materials.
Any unauthorized use of Pearson's trademarks is strictly prohibited. Requests to use any trademark should be addressed to the Legal Department, Assessment for Learning, 19500 Bulverde Rd., San Antonio, Texas 78259-3701.
