This Web Site (the "Web Site") is sponsored by the National Education Data Partnership ("NEDP"), a collaboration among the Bill & Melinda Gates Foundation ("BMGF") and the Council of Chief State School Officers ("CCSSO"). The School Evaluation Services business unit of Standard & Poor's ("SES"), a division of The McGraw-Hill Companies, Inc., provides services essential to operation of the Web Site and development and provision of the data and other content on it. The sponsoring organizations of the Web Site (BMGF and CCSSO) are collectively referred to as the "Sponsors."
These Terms of Use were last updated on August 31, 2007.
By accessing and using the Web Site, you are agreeing to be legally bound by these Terms of Use. If any of these terms are unacceptable to you, you may not access the Web Site until agreement has been reached between you and CCSSO. The terms "you" and "User" refer to anyone who accesses the Web Site.
CCSSO may change these Terms of Use at any time without notice. The current version of the Terms of Use will be posted at the Web Site. Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read the Terms of Use at the Web Site from time to time for changes.
1. USE OF THE WEB SITE
CCSSO hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below. Except for data that is in the public domain, the Content (defined below) is the property of SES, CCSSO, or their licensors, and is protected by copyright and other intellectual property laws.
Restrictions on Use All Users. The Web Site and content displayed on the Web Site, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, and charts (collectively, the "Content") may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content for any commercial purpose without the express prior written consent of CCSSO.
Restrictions on Use of Third Party Education Data All Users. You are not permitted to copy, reproduce, modify or create derivative works from any Content whose source is The College Board or Global Insight ("Third Party Education Data"), with the exception of displaying Third Party Education Data on your own computer and downloading Third Party Education Data to your own computer, in each case solely for your own noncommercial use. If you would like to use Third Party Education Data beyond the ways permitted in this paragraph, please contact the data vendors directly.
Restrictions on Use of Education Data Academic Institutions and Nonprofit Organizations. Academic institutions and nonprofit organizations may reproduce, distribute, display, or transmit Content that consists of education data related to schools, school districts and states but is NOT Third Party Education Data ("Education Data") in connection with the preparation of reports and similar activities, including reports and activities for which academic institutions and nonprofit organizations receive payment, so long as those activities are essentially noncommercial in nature. Such reports may be posted on a website, but no Education Data may be otherwise used, published or distributed on any web site unless the academic institution or nonprofit organization obtains prior written consent from CCSSO.
Restrictions on Use of Education Data for persons and entities that are not Academic Institutions or Nonprofit Organizations. If you are not associated with an academic institution or nonprofit organization you may only reproduce, distribute, display, or transmit de minimus amounts of Education Data on an infrequent basis and only for noncommercial purposes.
Whenever you reproduce, distribute, display or transmit Education Data, you must include the following credit, which must be presented in a manner reasonably designed to identify the source of the Education Data as this Web Site:
State Education Data Center (Dist.). [Date]. [description of data, example: student achievement] [Name of data file]. Washington, DC: Council of Chief State School Officers. Accessed on [month, day, year] from, http://www.SchoolDataDirect.org
Replace the text in [brackets] in the credit with the information indicated.
Any User may reproduce, distribute, display, or transmit portions of the Content other than Education Data and Third Party Education Data for noncommercial purposes and without charge, to a limited number of individuals, provided:
you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site;
you do not modify the Content or delete portions of the Content so as to misrepresent or distort the Content in any manner; and
you must include in all such redistributed Content the copyright notice that appears on that portion of the Content.
To request consent to use the Content outside the scope of these Terms of Use, you may contact CCSSO through the Help feature accessed on the Web Site home page.
All trade names, trademarks, service marks, and other product and service names and logos on the Web Site and within the Content (collectively, the "Marks") are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Except as expressly permitted by these Terms of Use, nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of CCSSO or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content is strictly prohibited.
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by CCSSO and/or its licensors to protect the proprietary interests of CCSSO and its licensors in the Content and the Marks.
2. LIMITATION ON WARRANTIES AND LIABILITY
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. None of the Sponsors will pay you any damages in connection with your browsing or use of the Web Site.
The Web Site includes opinions that must be construed solely as statements of opinion and should not be construed as statements of fact. The Sponsors and SES rely on information provided by third parties and do not perform audit services. None of the Content should be construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to independently assess or vouch for the financial condition of any institution.
Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions, or inaccuracies in the Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NEITHER THE SPONSORS, NOR SES, MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE SPONSORS AND SES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. NEITHER THE SPONSORS, NOR SES, SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR, OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE SPONSORS, SES, OR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS, OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. THE SPONSORS AND SES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL ANY SPONSOR, SES, THEIR AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
3. LINKS TO OTHER WEB SITES
You may, through hypertext or other links on this Web Site, gain access to other web sites. Such links are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that neither the Sponsors nor SES are not responsible for the content or operation of such web sites, and that neither the Sponsors nor SES shall have any liability to you or any other person or entity for the use of third party web sites. Except as described below, a link from this Web Site to another web site does not imply or mean that any Sponsor or SES endorses the content on that web site or the operator or operations of that site. When you use other sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages. Neither the Sponsors nor SES assume responsibility for the use of third party software on the Web Site and neither the Sponsors nor SES shall have any liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4. TIMELINESS OF CONTENT
The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date appearing on the report and are subject to change without notice. The Sponsors and SES do not guarantee or warrant the accuracy, timeliness, or completeness of any Content you receive using the Web Site.
5. ADDITIONAL LEGAL TERMS
These Terms of Use will continue until terminated by either CCSSO or you. Either CCSSO or you can terminate these Terms of Use by notifying the other party by telephone or electronic mail of the decision to terminate. CCSSO may discontinue or change the Web Site, or its availability to you, at any time.
These Terms of Use constitute the entire agreement between the parties relating to the Web Site and supersede any and all other agreements, oral or in writing, with respect to the Web Site. The failure of CCSSO to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the District of Columbia, as if these Terms of Use were a contract wholly entered into and wholly performed within the District of Columbia. All rights not expressly granted in these Terms of Use are reserved.
6. ANTI-HACKING PROVISION
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these Terms of Use. In addition, you expressly agree not to:
use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or Content found on or accessed through the Web Site without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
violate the security of the Web Site or attempt to gain unauthorized access to the Web Site Content, data, materials, information, computer systems, or networks connected to any server associated with this Web Site, through hacking, password mining, or any other means;
interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, Content, or other information prior to the time that it is intended to be available to the public on the Web Site;
take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.