Terms Governing Use of and Access to the ETS Website

This website www.ets.org ("Website") is an Internet site maintained by Educational Testing Service and its respective divisions, subsidiaries and affiliates ("ETS") as a service to the Internet community.

By using this Website, you agree to be bound by the Terms of Use of this Website ("Terms of Use") and the ETS Privacy Policy ("Privacy Policy"). If you do not agree with the Terms of Use or with the Privacy Policy, do not use this Website.

ETS reserves the right, at its sole discretion, to change the Terms of Use at any time. Please check these terms periodically for changes. Using this Website following the posting of changes to these terms shall constitute your acceptance of the revised Terms of Use. 

ETS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. ETS may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

Privacy Policy

The Privacy Policy is designed to provide you with control over your Personal Information (as defined in the Privacy Policy).  More about the Privacy Policy.

Website

This Website is for noncommercial use. The purpose of this Website is to provide information, educational services and communication with ETS. All materials are provided solely for personal/institutional, non-commercial use.  

ETS Content 

The Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models and software (the "Contents"), are the property of ETS or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Except as otherwise expressly permitted under the Terms of Use, you may only download, display and print not more than three (3) copies of the Contents solely for your personal, private and noncommercial use, provided that you do not modify the Contents in any way and you keep intact all copyright, trademark and other proprietary notices. You may not otherwise copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to or otherwise use the Contents in any manner inconsistent with the rights of ETS, including, but not limited to, use of the Contents for any commercial purpose, without the express written permission of ETS. 

ETS Trademarks

For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.

No Warranties or Liability 

THE CONTENTS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ETS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, CONTENTS AND PRIVACY POLICY. 

ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 

ETS ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS AND PRIVACY POLICY. IN NO EVENT SHALL ETS BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, ANY CONTENT AND THE PRIVACY POLICY.

Indemnity 

You agree to indemnify, defend and hold harmless ETS and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of claims by a third party relating to your use of this Website, or any breach or violation of the Terms of Use or any other terms and conditions contained on this Website.

Links to Other Websites

This Website includes many links to third-party sites, including educational sites, of possible interest to learners of all ages, educators and parents. You may access these sites directly or through this Website. You may also be subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by ETS, and ETS has not reviewed or approved the terms of use or other policies governing such sites. ETS does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Your User Content and Communications

Our Website may allow users to post, submit or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user's name and likeness), digital images or other content in any form (collectively "User Content"). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. 

By posting User Content on this Website, you hereby grant ETS an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide and perpetual license to reproduce, distribute, publicly display, make derivative works of and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from ETS in connection with ETS's exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that ETS is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. You agree to indemnify and hold ETS harmless from all actual and incidental costs and fees associated with ETS's defense of any claims arising from User Content, including, but not limited to, all attorneys' fees. 

ETS reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. ETS has no obligation to display or post any User Content. ETS reserves the right to disclose, at any time and from time to time, any information or User Content that ETS deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. ETS shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.

Copyright Infringement 

ETS is committed to respecting others' intellectual property rights, and we ask our users to do the same. ETS may, at its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to ETS's Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our Website
  • Your address, telephone number, and email address so that we may contact you
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

ETS's Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:

Educational Testing Service
Office of the General Counsel
Rosedale Road
Mail Stop 01-J
Princeton, NJ 08541 USA

A copy of the notice and supporting materials should also be submitted electronically to dmca.agent@ets.org.

Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.

Effective Date: July 21, 2011