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Peterson's StudentEdge License Agreement
Peterson's hereby grants St. Frances Academy ("Client") the right to provide access to enrolled students age 13 and up, the parents of those students, and teachers and administrators employed by the Client (collectively, "Authorized Users") to access and use the StudentEdge services (the "Program"), subject to the terms of this Agreement. Client shall not grant access to the Program to any third party other than Authorized Users as defined.
2.1 Peterson's will provide a URL and client specific access codes through which Authorized Users may access the Program.
2.2 Peterson's will assist in the installation and implementation of the Program.
2.3 Peterson's will make technical support available to Client and Authorized Users by telephone and e-mail.
4. Term and Termination
4.1 This Agreement shall be for the Term indicated, commencing on the date of Client signature below ("Effective Date"). Either party may terminate the Agreement at any time upon 30 days written notice.
4.2 Either party may terminate this Agreement immediately if the other party fails to comply with a material provision of this Agreement and such breach has not been cured within fifteen (15) days after delivery of written notice to the breaching party.
4.3 Upon expiration or termination of this Agreement for any reason, all rights and obligations of the parties hereunder shall immediately terminate, except the rights and obligations under Sections 4.3, 7, 8 and 9 shall survive such expiration or termination.
Client agrees to use best efforts to promote and support utilization of the Program. Client agrees that if fewer than 25% of Authorized Users register to use the Program, Peterson's may terminate this Agreement.
Client agrees that Peterson's may use Client's name on customer lists and in marketing materials. With Client's approval to act as an active reference, Peterson's may also have the Client contacted by telephone or e-mail by prospective Peterson's clients.
7. Disclaimer and Limitation of Liability
7.1 The Program and any materials or services provided by Peterson's in connection therewith are provided "as is," without warranty of any kind. Peterson's does not warrant that the operation of the Program will be uninterrupted or error-free. Peterson's hereby disclaims all warranties, express and implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
7.2 In no event will Peterson's be liable to Client for any indirect, incidental, exemplary or consequential damages, including without limitation, damages for loss of data, arising out of or in any way connected with this Agreement or the Program, even if Peterson's has been advised of the possibility of such damages.
8. Use Restrictions and Confidentiality
8.1 Client acknowledges and agrees that all right, title and interest in and to the Program and all related materials are and shall remain the sole and exclusive property of Peterson's. Client further acknowledges and agrees that Client has no rights in the Program or any related materials except as expressly granted herein.
8.2 The Program may be used only by Authorized Users for their educational needs. Teachers and administrators with reporting capabilities represent and warrant that they will use such reporting only for legitimate educational purposes and not for inappropriate use.
8.3 Client shall not, without written consent from Peterson's, use the Program in any way not expressly authorized by this Agreement.
8.4 Client will hold Peterson's Confidential Information in confidence and will not disclose such Confidential Information to third parties nor use the Confidential Information for any purpose other than as expressly permitted under this Agreement. Client shall ensure that all Authorized Users comply with the confidentiality obligations hereunder. For purposes of this Agreement, "Confidential Information" shall mean any confidential or proprietary information of Peterson's that is disclosed to Client, including, without limitation, the terms of this Agreement, information regarding the Program, technology, pricing, sales and marketing information.
All notices required hereunder shall be in writing and sent by certified mail, return receipt requested, to the addresses set forth above, or to such other address for a party as shall be specified by like notice. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, oral or written, relating to the subject matter hereof. Nothing herein shall make either party the agent of the other party for any purpose whatsoever. Any failure or delay by either party in exercising any right or remedy shall not be deemed a waiver of any further, prior or future right or remedy hereunder.
No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both parties. Anyone agreeing to these terms guarantees that they are authorized to do so on behalf of the Client.