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Privacy policy
ONLINE PRIVACY STATEMENT PLEASE READ THE FOLLOWING CAREFULLY GENERAL INFORMATION ABOUT THE POLICY OF THIS WEBSITE IN ITS COLLECTION, PROTECTION, USE AND DISCLOSURE OF THE PERSONAL INFORMATION GATHERED ON THIS SITE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS PRIVACY STATEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DON'T UNDERSTAND. This website, discotest.org. (the "Site"), is owned and operated by Developmental Testing Service. ("DTS"). DTS recognizes the importance of explaining our privacy policies to users of our Site and protecting the privacy of Personally Identifiable Information we obtain through the site. Please note that this Privacy Statement may be revised by DTS from time to time, particularly to address changes in our business, the law or technology. If that happens, we will post the revised policy here. Revisions are effective upon posting and your continued use of this Site after the posting will be subject to the changed terms of the revisions. LINKS TO OTHER SITES Links from this site can take you to the sites of several divisions of DTS as well as to third party websites or resources. The information practices of third party websites are not covered by this Privacy Statement or any other policies or terms of this Site. Each of our websites may also have a different privacy policy and terms of use. Be sure that you know the terms of use and privacy policy of any linked website before using it. WHAT PERSONAL INFORMATION DO WE COLLECT AND USE We consider the following to be examples of Personally Identifiable Information but there may be others: your first and last name, email address, home address, phone number, date of birth, credit card information, and certain other information, such as a Social Security Number, if it is linked with your Personally Identifiable Information. We strongly recommend that you not use your Social Security Number or any other important ID as a user ID or password for this Site or others. DTS does not collect Personally Identifiable Information about a user, unless it is voluntarily provided to our Company and so that we can serve the user's needs and our legitimate business purposes as stated here. For example, when the user sends us a message or makes an online purchase, we need to retain certain Personally Identifiable Information on this Site in order to respond. A user's Personally Identifiable Information may also be used by our company to help us improve this Site, and for our company's marketing and promotional purposes. The information will be treated confidentially within our company, as we protect other confidential information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. PUBLIC POSTINGS Users should be reminded that any Personally Identifiable Information that is voluntarily posted by a user to a public area of a DTS Web site (for example, a posting to a bulletin board or chat room) might be collected and used by others. We cannot prevent such uses. INFORMATION SHARING AND DISCLOSURE Except as specifically stated in this statement, our policy is not to share the Personally Identifiable Information collected through this Site with third parties. We may disclose Personally Identifiable Information (a) in response to a subpoena, court order or legal process, to the extent permitted and required by law; (b) to protect user security or the security of other persons, consistent with applicable laws; (c) in connection with a sale, joint venture or other transfer to some or all of DTS or the assets of DTS; or (d) in order to enforce the Site's Terms of Use. We exercise commercially reasonable care otherwise not to share, disclose or sell the Personally Identifiable Information of users to third-parties, except with the prior approval of the user. DTS may use a third party service to collect anonymous visitor information like IP addresses, browser types (such as Internet Explorer or Netscape), referring pages, pages visited and time spent on a particular site. DTS collects this information (1) for statistical analysis of web page traffic patterns; (2) to administer our Site and servers; (3) to allow for auditing of our services by some third parties who have that right; and (4) for internal purposes to make marketing decisions. For pages that provide materials and services to instructors and students for purposes of specific courses or testing, the site may display the names, email addresses, scores and log-in names of instructors and students and make them available to school administrators. Administrators may store personal data generated through the assessment interface for the purpose of maintaining educational records or other legitimate educational purposes. SPECIAL NOTICE TO PARENTS, TEACHERS AND CHILDREN PARENTS AND TEACHERS: We encourage parents, guardians and teachers to spend time with their Children (Children 12 and under) when their Children engage in the on-line activities on this Site. We never request Personally Identifiable Information from a Child. No Personally Identifiable Information of children should be submitted to or posted on this Site. We encourage parents to help us protect their Children's privacy by instructing them never to provide Personally Identifiable Information on this Site or any other website without parental permission. CHILDREN: Please do not give your full name, email address, home address, telephone number or any other Personally Identifiable Information that would enable someone to contact you either on-line or off-line, without first asking your parent or guardian and teacher for permission. We do not knowingly collect Personally Identifiable Information from Children on this Site either directly or passively except when a Child may voluntarily submit such information through a "Contact Us" link on the Site or a public posting area on the Site, if such feature is available. If a Child e-mails us via a "Contact Us" link on any child-directed or public area of this Site and we can identify the sender as a Child, any Personally Identifiable Information submitted will only be used to respond on a one-time basis to such Child. In addition, if we have actual knowledge that a Child is sending or posting Personally Identifiable Information on any area of this Site, we will use commercially reasonable efforts to delete such Personally Identifiable Information before it is made public. Please note that any online store that may be accessed from the Site is intended for parents, teachers and other adult purchasers over the age of 18 and requires the submission of Personally Identifiable Information to fulfill and service any transactions. We may disclose a Child's Personally Identifiable Information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We may also disclose a Child's Personally Identifiable Information when we believe in good faith that the law requires it. COLLECTION AND USE OF INFORMATION FROM COOKIES Our Site uses "cookies" to obtain certain types of information when your Web browser accesses the Site, Cookies are textual identifiers that our systems transfer to your computer's hard drive through your Web browser to enable our Site to recognize your browser, and to optimize and sometimes custimize your use of our Site. If you want to disable cookies, you can. The Help portion of the toolbar on most browsers and "add-on" programs will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. It is your choice, but cookies allow you to take full advantage of this Site's features, and we recommend that you leave them turned on. We do not use cookies to get users' Personally Identifiable Information before a user registers with our Site and affirmatively opts-in. Once a user opts-in and and provides personal information for purposes of receiving more information from us, we do collect and use that information obtained through the cookie technology for purposes of marketing to you, in accordance with this policy. If you do not want to receive e-mail or other marketing communications from us, you can opt out of further marketing to the addresses you have provided. DTS reserves the right to monitor your use of the site to determine if you are complying with our terms and the right, in its sole discretion, to terminate your access to the Site. OBTAINING ADDITIONAL INFORMATION ABOUT PRIVACY If you have any concerns or questions about privacy on this Site, please Contact Us. (Revised -April, 2008) Developmental Testing Service, 35 South Park Terrace, Northampton. MA 01060
I have read and understand the privacy agreement.
Terms and conditions
AGREEMENT BETWEEN USER AND THE DEVELOPMENTAL TESTING SERVICE The network of Web Sites (collectively, the "DTS Web Sites") operated by The Developmental Testing Service or its affiliates, is comprised of various Web sites and Web pages. These Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DTS Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular DTS website included within the DTS Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the DTS Web Sites may themselves contain additional terms that govern particular features (for example, assessments). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular DTS website, then these terms shall control. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. MODIFICATION OF THESE TERMS OF USE. DTS reserves the right to change the terms, conditions, and notices under which the DTS Web Sites are offered, including but not limited to the charges associated with the use of the DTS Web Sites. You are responsible for regularly reviewing these terms and conditions. USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the DTS Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DTS Web Sites without written permission. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with DTS or to purchase DTS products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of DTS is strictly prohibited. Harassment in any manner or form on the Site or any of the DTS Websites, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including a DTS employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. COPYRIGHTS AND TRADEMARKS. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of DTS. The collective work includes works that are licensed to DTS. Copyright 2007, 2008. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to DTS, or other respective owners that have granted DTS the right and license to use such Marks. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. DTS respects the intellectual property of others, and we ask our users and visitors to do the same. DTS will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, DTS will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DTS the following information. Please be advised that to be effective, the Notification must include ALL of the following: 1.a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2.a description of the copyrighted work that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the Site; 4.your address, telephone number, and email address and all other information reasonably sufficient to permit DTS to contact you; 5.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; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to: By mail: The Developmental Testing Service. Legal Division Copyright Agent 35 South Park Terrace Northampton. MA 01060 By fax: (413) 303-9041 IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DTS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. TERMINATION These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by DTS without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. USER PARTICIPATION DTS does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, DTS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DTS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to DTS at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by DTS in accordance with the Developmental Testing Service's Privacy Statement. USER SUBMISSIONS Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. DTS will have no obligations with respect to the Communications. DTS and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. USER CHAT ROOMS DTS may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. DTS, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. THIRD-PARTY LINKS In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with DTS, DTS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DTS. DTS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that DTS sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, DTS seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. CLAIMS Each claim or statement about the quality of DTS products and/or each claim or statement comparing the quality of DTS products to the quality of other products is expressly limited to the United States, unless otherwise disclosed on the Site. DISCLAIMER DTS makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. DTS does monitors content that children may view through our sites or "hot-linked" sites, but we do not guarantee that they cannot receive receive content and materials from the Internet that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DTS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL DTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to indemnify, defend, and hold harmless DTS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account. APPLICABLE LAWS Your use of this Site shall be governed in all respects by the laws of the state of Massachusettes, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of DTS products) shall be in the state or federal courts located in Hampshire County, MA. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of DTS products) must be commenced within one (1) year after the claim or cause of action arises. DTS's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DTS may assign its rights and duties under this Agreement to any party at any time without notice to you. ARBITRATION By using this Site, you agree that DTS, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. GENERAL DTS may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
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