Your use of this website shall be deemed to signify your agreement to be bound by these TERMS AND CONDITIONS OF USE. If you do not agree to be so bound, please exit this website immediately.
ETS is a registered trademark of Educational Testing Service. ETS trademarks may not be used in connection with any products or services that are not ETS's, nor may they be used in any manner that is likely to cause confusion among customers, nor in any manner that discredits or disparages ETS. All other trademarks, product names, company names and logos appearing on ETS products or services are the property of their respective owners.
You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions of Use or without the written permission of ETS and the Washington Professional Educator Standards Board (PESB). ETS neither warrants nor represents that your use of the materials displayed on the website will not infringe rights of third parties not owned or affiliated with ETS.
Disclaimer of Warranties/Exclusions of Consequential Damages
DISCLAIMER: THE MATERIALS AND INFORMATION ON THIS WEBSITE (THE "CONTENTS") ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER ETS OR THE WASHINGTON PROFESSIONAL EDUCATOR STANDARDS BOARD (PESB) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENTS, EVEN IF ETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ETS further does not warrant the accuracy or completeness of the information, text, graphics, links or other items comprising the Contents. ETS may make changes to the Contents, or to the services and materials described therein, at any time without notice. ETS makes no commitment to update the Contents. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Disclaimer of Liability
This website is offered for your convenience. As an express condition to your use of this website, you agree that neither ETS nor the PESB shall be liable to you for any claim, cause of action, or injury arising from (or claimed to arise from) your use of this website. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this website, whether for breach of contract, tortious behavior, negligence, gross negligence, or under any other cause of action.
In addition to the terms set forth above, ETS and the PESB shall not be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. ETS and PESB shall not be liable for any third-party claims or losses of any nature, including, but not limited to, punitive or consequential damages.
This website may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of ETS. In either case, the linked (or linking) websites are not under the control of ETS and ETS is not responsible for the content of any linked website or any link contained in a linked website. ETS reserves the right to terminate any link or linking program at any time. ETS does not endorse companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third-party websites linked to this website, or if you link to this website from some other website, you do this entirely at your own risk.
Choice of Law/Consent to Jurisdiction
This Agreement shall be treated as though it were executed and performed in Olympia, Washington, and shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington (without regard to conflict of law principles, excluding the Convention on Contracts for the International Sale of Goods). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Olympia, Washington. You expressly submit to the jurisdiction of said courts, and you consent to extra-territorial service of process. ETS makes no representation that materials on this website are appropriate or available for use in other locations. Accessing this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree to the terms and conditions outlined in these Terms and Conditions of Use with respect to the service and content provided by this website. This Agreement constitutes the entire and only agreement between you and ETS and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the website, the content and services provided by or through the website, and the subject matter of this Agreement.
ETS collects information, including personal information provided in connection with the registration process. ETS takes reasonable precautions to protect the integrity of your private information, including any information generated internally that is specifically pertinent to you, and to keep this information secure. To ensure that your information is even more secure, once we receive it, we store it on a server that is not accessible on the Internet.
Your private information will not be made available to anyone but you; ETS; the PESB (including the employees, agents, professional advisors, and/or contractors of ETS and the PESB); the institution(s) you indicate in your registration; and any institution, entity, or person required or authorized by law to receive this information. In addition, certain information, including your credit card number and other personal identification information, will be submitted to a third-party provider of credit card processing services. While ETS has received assurances from this third-party provider that your personal information will be reasonably secure, ETS can make no guarantees, representations, or warranties as to the use of this information by this third-party provider.
I understand that should any of the provisions of these Terms and Conditions of Use be declared or determined by any court to be illegal or invalid, the remaining provisions will not be affected and the illegal or invalid provision(s) shall not be deemed a part of these Terms and Conditions of Use. The headings of each of the Terms and Conditions of Use are for convenient reference only. They are not a part of the Terms and Conditions of Use themselves; they do not necessarily reflect the entire subject matter of each provision; and they are not intended to be used for the purpose of modifying, interpreting, or construing any of these Terms and Conditions of Use.