English3 LLC (“English3”) is the sole owner of, and retains the entire rights to, any copyrights, trademark, trade secret, and any other rights to the English3 Proficiency Test (“E3PT”) and the results of the E3PT (“Results”). Organizations accepting the E3PT (“Institutions”) and their authorized staff (“Users”) shall only use the E3PT and the Results for the purposes outlined in these Terms. Users shall not copy, modify, publish, release, lend, sell, rent, provide access to, create derivative works from or otherwise disclose the Results to anyone other than authorized staff within the Institution or organization. Institutions and Users agree to minimize access to the Results to those who legitimately require access to them. The Results are only for use by authorized staff members employed by the Institutions who have read and agreed to these Terms and Conditions. English3 reserves the right to monitor the access and use of the Results by the Institution and its authorized staff members. The Institution agrees to access the Results online in a secure way which will not interfere with English3’s website or its network. The Institution agrees that it accepts the Results are to be used as evidence of the English language proficiency of students whose first language is not English. The Institution and its Users shall comply with all laws or regulations dealing with the processing of privacy and/or personal data relating to any individual or entity including without limitation the Data Protection Act 1998 and the Freedom of Information Act 2000. The Institution and its Users agree to establish secure safeguards to protect such information from unauthorized use, disclosure and/or misuse. The Institution and its Users agree to immediately inform English3 of any unauthorized use, breach, loss or disclosure of the Results. Should the Institution or a User receive a request for information under the Freedom of Information Act 2000, they agree to give English3 a reasonable opportunity to comment prior to any response to the requestor. English3 does not warrant that access to the Results will not be interrupted, free of viruses or that the Results themselves will not be error free. The use and access of the Results is at the sole risk of the Institution and the Institution is solely responsible for all costs, expenses and damages arising out of its access to the Results and/or any breach of these Terms and Conditions. English3 shall not be liable to the Institution for direct, indirect, special, consequential loss or damages of any nature whether such liability is asserted on the basis of contract, tort or otherwise. Nothing in these Terms and Conditions shall exclude English3’s liability to the Institution as a result of any fraudulent misrepresentation or negligence causing death or personal injury. These Terms and Conditions may be revised from time to time by English3. Questions or concerns related to the Terms and Conditions may be directed to [email protected].