TERMS OF USE

This website (www.mytrainingconnection.net), including all web pages or content comprising the website (collectively, the "Site"), is brought to you by Pearson Digital Learning, a business unit of NCS Pearson, Inc. ("Pearson").

Your use of this Site is subject to all terms and policies posted on this Site (collectively referred to as the "Terms of Use"), including the Privacy Statement. The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site 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 visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us.

BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY STATEMENT GOVERNING THIS SITE, YOU SHOULD NOT USE THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

Pearson is concerned about the safety and privacy of all users of this Site. Please read our Privacy Statement, which is an important part of these Terms of Use.

Membership

Please note that most features of the Site are available only to Members. "Members" are defined as teachers or other educational or administrative staff of a school site using products offered by the Pearson Digital Learning business unit, who have paid the applicable fees (or whose school, school district or other organization has paid such fees on behalf of such individuals) to utilize the online learning content available on this Site. Members will use certain unique identifying information (e.g., a customer number assigned by Pearson, as well as a username and/or a password) to access the Site.

This Site is not designed to be used by minors, and only persons aged eighteen (18) years or older who are teachers or other educational or administrative staff of a school site using products offered by the Pearson Digital Learning business unit are permitted to be Members.

A Member may not share his or her personal login credentials (username and/or password) with any other person or entity, other than administrative staff of such Member's employer to the extent desired by the Member's employer for backup or archival purposes. A Member may not share the customer number assigned to the Member's school, school district or other organization with any person or entity outside such organization.

User License

Users of this Site are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for their own personal educational use only, to allow such users to enhance their knowledge regarding Pearson Digital Learning products. The portions of this Site that are available only on a paid subscription basis may only be accessed by Members, and Members may not share such access with non-Members. Members or other users of this Site may not use the content made available to them on this Site for commercial use in any way (e.g., developing separate training offerings for Pearson Digital Learning products). Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated by these Terms of Use is not permitted and is a violation of Pearson's copyright and other proprietary rights. Printing of materials for a user's own personal educational use only, to allow such user to enhance his or her knowledge regarding Pearson Digital Learning products, is permitted. Users of this Site may not otherwise duplicate, publish, modify, reverse engineer or distribute the materials on this Site unless specifically authorized in writing by Pearson to do so.

Pearson is continually evaluating the content made available on this Site, and reserves the right to add, update, modify, or remove any content within the Site at any time, with or without notice.

Postings

To the extent that certain areas of this Site provide Members or other users an opportunity to post messages or other information (collectively, "Postings"), BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and 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 the loss or removal thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss or removal) and/or appearance on this Site. The Postings are accessible and viewable to the other users of this Site. Pearson reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive, inappropriate or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. For avoidance of doubt, Pearson has no obligation to store, maintain or provide you with a copy of any Postings that you may have provided while using the Site. You hereby represent and warrant that you have all necessary rights in and to all Postings made by you 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 will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize Pearson to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Pearson or such other parties see fit. You will have no claim or other recourse against Pearson for any alleged infringement of any proprietary right in any Postings or any alleged misuse or misappropriation of any content or information you include in any Postings. As your Postings will be available to Pearson and to other users of this Site, Pearson advises you not to post any information that you would like to keep confidential and/or do not want others to use.

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.

Service Availability

Pearson will attempt to schedule any planned maintenance or upgrades to the Site at times when usage of the Site is typically low, and will use best efforts to communicate any outages associated with planned maintenance or upgrades to its users in advance by posting information regarding such outages within the Site. In addition to such planned outages, however, you acknowledge and agree that the Site may be unavailable from time to time due to the need to perform unscheduled maintenance in response to emergencies or other unforeseen circumstances. You further acknowledge and agree that the Site is made available via the Internet and that as such, in connection with your use of the Site, information is transmitted over local exchange and Internet carrier lines, as well as through routers, switches and other devices owned, maintained and serviced by third parties, all of which are beyond the control of Pearson and which can be impaired or disrupted through no fault of Pearson. Pearson cannot control the flow of data over the Internet and assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.

Termination

Pearson reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice. You agree that Pearson will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site, or any portion thereof (including the removal of specific content from the Site); provided, however, that Pearson will refund a prorated portion of the subscription fees paid by any Member, or on behalf of any Member by such Member's school, school district or other organization, in the event that Pearson permanently discontinues this Site while a portion of such Member's paid subscription is still outstanding.

Pearson may also suspend or terminate your access to the Site (including, without limitation, access to the portions of the Site limited to Members, if you are a Member) at any time, in its sole discretion, with or without notice, for any conduct or use (whether by you or anyone else having access to the Site under your username and password) that violates these Terms of Use.

Renewal

In the event that Pearson offers you or your school, school district or other organization the opportunity to renew your subscription to the Site and to continue as a Member of the Site, you or your school, school district or other organization must pay any applicable fees associated with such subscription renewal in order to continue to access the portions of the Site that are reserved to Members. The failure to maintain a current paid subscription to the Site will result in your loss of access to the portions of the Site that are reserved to Members. Any renewal will be at Pearson's then-current rates at the time of the renewal. As noted above, Pearson reserves the right to discontinue the operation of this Site at any time and therefore has no obligation to offer a subscription renewal to any user of this Site.

Links to Other Sites

This Site may provide links to third party 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 third party 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 such 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. The information practices of those websites are not covered by the Privacy Statement or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services.

Please note that this Site may also provide links to other sites brought to you by Pearson or its affiliates. The privacy policies, terms of use and other policies or terms of those other sites may vary from this Site. Again, we recommend that you review the privacy statements, terms of use and other policies or terms that may apply to other Pearson sites if you should choose to use such sites.

Copyright and Trademark Notices

The entire contents of this Site are the proprietary property of Pearson and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site without the express written consent of Pearson and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint Pearson's or its affiliates' trademarks or use any confusing similar marks or use Pearson's or its affiliates' trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson.

Disclaimer of Warranties

Pearson does not guarantee the accuracy or completeness of any information or content included within this Site. 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEARSON DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT. 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 USEFULENESS OF SUCH CONTENT.

(b) PEARSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c) PEARSON MAKES NO WARRANTY THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS OR DEFECTS IN THIS SITE WILL BE CORRECTED.

(d) ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. PEARSON SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUT BY YOU THROUGH THE USE OF THIS SITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS SITE.

Limitation of Liability

IN NO EVENT SHALL PEARSON BE LIABLE FOR ANY 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 SERVICES RESULTING FROM ANY SERVICES PROVIDED THROUGH, OR INABILITY TO ACCESS THE SERVICES INTENDED TO BE PROVIDED THROUGH, 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. IN NO EVENT SHALL PEARSON'S LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY A MEMBER OR SUCH MEMBER'S SCHOOL, SCHOOL DISTRICT OR OTHER ORGANIZATION TO PEARSON FOR ACCESS TO THE SUBSCRIPTION CONTENT MADE AVAILABLE THROUGH THIS SITE, OR OTHER ITEM OR SERVICE ON WHICH THE CLAIM IS BASED, DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE LOSS OR INJURY.

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 MAY NOT APPLY TO YOU. IN SUCH EVENT, THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OR EXCLUSIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT SHALL APPLY TO YOU TO THE FULLEST EXTENT SUCH DISCLAIMERS, LIMITATIONS AND EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

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 this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another Member or other user.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this Site, 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. Sec. 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
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 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 Site ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Site;
• Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the 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.

General Information; Governing Law

These Terms of Use (including the Privacy Statement) constitute the entire agreement between you and Pearson governing your use of this Site, and supersede any prior agreements between you and Pearson concerning this Site. These Terms of Use and the relationship between you and Pearson will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Pearson agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Minnesota in the event of any legal action arising with respect to these Terms of Use or your use of the Site. 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. 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.

Violations

Please Contact Us to report any violations of these Terms of Use.

Go to Privacy Statement

Revised December 2009