eMetric is under contract or subcontract with certain education agencies (including state education agencies) and educational institutions or organizations ("Education Agencies") to provide services for designated educational assessment programs ("Programs"). Each Education Agency contracts with eMetric to provide this Site pursuant to agreed specifications. Some features of this Site may not be accessible to all users.
You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions of Use or without written permission of eMetric. eMetric neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned or affiliated with eMetric.
eMetric restricts access to the Site by password to users that are authorized by the Education Agency sponsoring the Program.
Personally identifiable information, score reports, or materials found on this Site may not be disclosed to any unauthorized third party, or used for any purpose not authorized by the Education Agency which sponsors the applicable Program. No data or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that is not authorized by these Terms and Conditions of Use or the Education Agency which sponsors the authorized users' Program.
The materials and services available on this site are provided "as is" without any express, conspicuous, or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property rights, or fitness for any particular purpose. In no event shall eMetric or its employees be liable for any conspicuous damages whatsoever (including, without limitation, consequential or incidental damages for loss of profits, business interruption, OR Loss of information) arising out of the use of or inability to use the materials, even if eMetric has been advised of the possibility of such damages. eMetric 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. eMetric may make changes to the Contents, or to the services and Materials described therein, at any time without notice.
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 ACCOUNT HOLDERS OTHER THAN EDUCATION AGENCIES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EMETRIC AND EDUCATION AGENCY FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY EMETRIC OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMETRIC AND EDUCATION AGENCY BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NOTHING IN THESE TERMS AND CONDITIONS OF USE IS INTENDED TO WAIVE OR LIMIT THE SOVEREIGN IMMUNITY OF THE EDUCATION AGENCY.
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 the Education Agency or eMetric if in the Education Agency’s or eMetric's sole determination you fail to comply with any term or provision of these terms and conditions.
These terms shall be governed by and construed in accordance with the laws of the State of Texas or the Eighth Circuit (for U.S. law where applicable), without giving effect to any principles of conflicts of law. 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.
The Terms and Conditions of Use for this Site may be revised from time to time through an updated posting. You should, therefore, check the Terms and Conditions of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of such revisions will indicate your acceptance of such revisions.