There are three sections to this Terms of Use:
A)
Products and Services Terms and Conditions
B)
Institution Terms of Use
C)
Candidate Terms of Use
A) Products and Services Terms and Conditions
Effective: September 18, 2026
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A BINDING AGREEMENT THAT GOVERNS THE PRODUCTS AND SERVICES PROVIDED BY CAMBRIDGE MICHIGAN LANGUAGE ASSESSMENT LLC. BY PURCHASING, USING, OR INTERACTING WITH ANY PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, TESTS) PROVIDED BY CAMBRIDGE MICHIGAN LANGUAGE ASSESSMENT LLC IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR ANY AND ALL PURCHASES OF, USES OF, OR INTERACTIONS WITH THE PRODUCTS AND SERVICES. YOUR PURCHASE OF, USE OF, OR INTERACTIONS WITH THE PRODUCTS AND SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE ACTUALLY READ THEM.
BINDING ARBITRATION. THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND CAMBRIDGE MICHIGAN LANGUAGE ASSESSMENT LLC THAT IN ANY WAY RELATE TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF, USE OF, OR INTERACTION WITH THE PRODUCTS AND SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 28 BELOW ENTITLED DISPUTE RESOLUTION; ARBITRATION AGREEMENT FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH CAMBRIDGE MICHIGAN LANGUAGE ASSESSMENT LLC.
1. Binding Agreement. These Products and Services Terms and Conditions (the "Terms") are a binding legal agreement between you and Cambridge Michigan Language Assessment LLC, dba Michigan Language Assessment, a Delaware limited liability company, located at Argus 1 Building, 535 West William St., Suite 310, Ann Arbor, Michigan 48103-4978 ("Michigan Language Assessment," "we" or "us") regarding Michigan Language Assessment's products and services, including, but not limited to, its English language proficiency tests (each a "Test"), test sessions administered by or on behalf of Michigan Language Assessment (each a "Test Session"), test preparation and resource materials (the "Test Prep Materials"), related testing, scoring, rescoring, invalidation and other disciplinary appeals, and reporting services provided by or on behalf of Michigan Language Assessment (the "Test Services"), and its self-access online portal available at: my.michiganassement.org (the "Michigan Customer Portal") (collectively, the "Products and Services"). By purchasing, using, or interacting with any of the Products and Services in any manner, you acknowledge, represent, and agree to be bound by these Terms for any and all purchases of, uses of, and interactions with the Products and Services.
2. Website Terms and Conditions. These Terms incorporate by reference Michigan Language Assessment's Website Terms and Conditions, which are available at https://michiganassessment.org/terms-conditions/. The Website Terms and Conditions form part of these Terms. If there is a conflict or inconsistency between these Terms and the Website Terms and Conditions, these Terms prevail and govern Michigan Language Assessment's Products and Services.
3. Incorporation of Policies by Reference; Entire Agreement. All policies of Michigan Language Assessment referenced and/or linked to in these Terms, including, but not limited to, Michigan Language Assessment's Test Policies and Procedures, which are available at https://michiganassessment.org/policies-and-procedures/, are incorporated by reference and form an integral part of these Terms (the "Policies"). The Policies state the minimum standards that apply to your purchase of, use of, and/or interaction with, Michigan Language Assessment's Products and Services, together with Michigan Language Assessment's Website Terms and Conditions, and these Terms. The Terms (including the Policies and the Website Terms and Conditions) form the entire agreement between you and Michigan Language Assessment, and all Products and Services are subject to these Terms. To the extent these Terms are more specific or robust than the Policies, the Terms supplement, and do not replace, the Policies. If any Policies conflict with these Terms, the provision that is more protective of Michigan Language Assessment applies.
4. Data Protection and Privacy. To purchase, use, or interact with the Products and Services, we are required to collect your personal information. Your personal information will be collected, used, transferred, and stored in accordance with Michigan Language Assessment's Privacy Policy ("Privacy Policy"), which is incorporated to these Terms by reference, and is available at: https://michiganassessment.org/privacy-policy/. Your access and continued use of the Products and Services, and the provision of your personal information to us, constitutes your consent to Michigan Language Assessment to collect and process your personal information in accordance with our Privacy Policy and these Terms (including the Policies and the Website Terms and Conditions).
5. Age; Parental/Guardian Consent. You must (a) be at least 16 years of age, or not be a minor in your jurisdiction, whichever imposes a higher age threshold, or (b) have the verifiable consent of a parent or legal guardian, to purchase, use, or interact with any of the Products and Services in any manner. If you do not meet the requirements of Section 5(a) (a "Minor") in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf. By purchasing, using, or interacting with any of the Products and Services, a Minor expressly represents and warrants that: (a) the Minor has obtained verifiable consent from a parent or legal guardian to agree to these Terms; (b) the parent or legal guardian has reviewed these Terms; and (c) the Minor is authorized to bind themselves to these Terms on behalf of their parent or legal guardian. Any misrepresentation by a Minor regarding parental consent may result in immediate termination of access to the Products and Services, invalidation of Test scores, and any other remedies available to Michigan Language Assessment. By permitting a Minor to purchase, use, or interact with any of the Products and Services, the parent or legal guardian hereby represents and warrants that they have read, understood, and agreed to these Terms, and that they consent to the Minor's purchase, use, or interaction with the Products and Services.
We reserve the right to request written proof of parental or legal guardian consent at any time and for any reason. Acceptable proof may include, but is not limited to, a signed consent form, government-issued identification establishing the parent or guardian relationship, or other documentation satisfactory to Michigan Language Assessment, in its sole discretion. If we discover or reasonably suspect that a Minor has purchased, used, or interacted with the Products and Services without the consent of a parent or legal guardian, or if a parent or legal guardian fails to provide satisfactory proof of consent upon request, we reserve the right to immediately terminate, suspend, or restrict access to the Products and Services, cancel any pending or completed registrations, invalidate Test scores, and take any other action we deem appropriate, without liability to the Minor and/or parent or legal guardian.
6. Changes to Products and Services; Access. Michigan Language Assessment may modify, suspend, or discontinue any aspect of its Products and Services at any time, including, but not limited to, formats, content, and technology used, with or without notice. Michigan Language Assessment may deny, limit, or terminate access to any of its Products and Services for anyone for any lawful reason, in its sole discretion.
7. Test Session Registration, Purchasing, Payment, and Account Security. To register for a Test Session, you must follow any applicable instructions provided on the Michigan Customer Portal (https://my.michiganassessment.org/) or by the third party administering the Test Session on behalf of Michigan Language Assessment (e.g., an authorized test center). You agree to provide accurate, current, and complete information during the Michigan Customer Portal account creation process and/or the registration processes for a Test Session, and to promptly update such information as necessary.
All applicable fees must be paid in full at the time of registration for a Test Session or at the time of purchasing any of the other Products and Services, using the payment methods accepted by Michigan Language Assessment. Registrations and purchases are not confirmed until Michigan Language Assessment receives payment.
You are responsible for maintaining the confidentiality of your Michigan Customer Portal account credentials and for all activities that occur under your account. You may create and maintain only one Michigan Customer Portal account. Test takers who create, use, or attempt to use more than one Michigan Customer Portal account may be subject to disciplinary action, including, but not limited to, disqualification, invalidation of Test scores, and/or permanent bans.
8. Refunds. Michigan Language Assessment's Refund Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/refunds/.
9. Identification Requirements. To participate in a Test Session, you must present identification (as specified in your registration details) at the Test Session that satisfies Michigan Language Assessment's Identification Requirements Policy, which is available at: https://michiganassessment.org/policies-and-procedures/identification-requirements/ and is incorporated to these Terms by reference. You must comply with all Test Session rules and instructions for registration, entry, and identity verification, including those set forth by third parties administering Test Sessions on behalf of Michigan Language Assessment. Failure to comply with the requirements of this Section 9 may result in denial of entry, forfeiture of fees, removal from the Test Session, and/or invalidation of your Test scores.
10. Score Reporting. Test scores may be reported to any institutions, organizations, entities, employers, governments or government agencies, or any other third parties requested, designated, authorized, or otherwise consented to by you (each an "Authorized Recipient"). Subject to Section 4 of these Terms and our Privacy Policy, if you request, designate, authorize, or otherwise consent to the reporting of your Test scores to any Authorized Recipient, you specifically consent to us sharing your Test scores and other relevant personal information with such Authorized Recipient(s), which may be located in other countries, including, but not limited to, for the purpose of making a decision in relation to a visa application or other immigration matter connected to you. You further acknowledge and agree that, once your information has been disclosed to an Authorized Recipient, subject to applicable law, Michigan Language Assessment shall not be responsible or liable for that Authorized Recipient's use, handling, or further disclosure of your personal information or Test scores.
You may also choose to send your Test score report directly to a third party yourself. If you do so, you hereby consent to Michigan Language Assessment communicating with the third party to verify your Test scores and provide other personal information as necessary for this purpose.
11. Confidentiality of Tests. To ensure the continued integrity of Michigan Language Assessment's Tests, you will maintain the confidentiality of the questions contained in a Test, your answers to those questions, and any other Test content, and you will not disclose any of those questions, answers, or Test content to any other person or entity.
In addition, you will not seek or request information from others about the specific content or questions that have or will appear on any Test. This prohibition applies to soliciting or obtaining actual Test questions or answers from others and does not restrict general studying or preparation for Tests using publicly available preparation materials or resources.
12. Test Session Conduct. You agree to comply with all Test and Test Session rules, policies, and regulations, including, but not limited to, those regarding prohibited items, conduct during the Test, and unauthorized assistance. Whether you attend a Test Session in-person or remotely, you will comply with the applicable rules, policies, and instructions of the Test Session, including those of Michigan Language Assessment or third parties administering Test Sessions on behalf of Michigan Language Assessment.
You are prohibited from utilizing any means to obtain an unfair advantage on a Test. Michigan Language Assessment's Test Security and Malpractice Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/security-and-malpractice/.
You may be required to agree to Michigan Language Assessment's Test Taker Agreement at the beginning of each Test Session you participate in. The Test Taker Agreement is attached to these Terms as Appendix 1. If you are a Minor, or the parent or legal guardian of a Minor, your agreement to these Terms indicates that the Minor has verifiable consent from their parent or legal guardian to enter into the Test Taker Agreement at the beginning of each Test Session the Minor participates in.
Please be aware that there may be some variation in the rules, regulations, and policies of remotely-proctored Test Sessions versus in-person Test Sessions, as detailed in Michigan Language Assessment's Test Security and Malpractice Policy, which is incorporated to these Terms by reference, and is available at: https://michiganassessment.org/policies-and-procedures/security-and-malpractice/.
13. Disciplinary Actions; Prohibited Actions; Disciplinary Process; Appeals. As described in Section 12, you are prohibited from any attempts to cheat or otherwise obtain an unfair advantage on a Test. Michigan Language Assessment may investigate and take disciplinary action for suspected misconduct, malpractice, cheating, irregularities, or other Test and Test Session rule or policy violations.
Disciplinary actions may include disqualification, invalidation of Test scores, permanent bans, notification to relevant authorities (including, but not limited to, law enforcement and visa-granting authorities), or any other appropriate action as Michigan Language Assessment determines (including, but not limited to pursuant to the Arbitration Agreement in Section 28 if there is a dispute), regardless of if any such rule violations, malpractice, cheating, or irregularities are identified before, during, or after the administration of any Test Session.
These actions may be taken whether or not you were notified of suspected misconduct before or during the Test Session; lack of immediate notification by a proctor, test administrator, or Michigan Language Assessment staff does not affect Michigan Language Assessment's right to take these actions.
13.1 Prohibited Actions
A non-exhaustive list of actions that are considered violations of testing integrity and may result in Test score invalidation (or other disciplinary action(s) described herein) is set forth in Michigan Language Assessment's Test Security and Malpractice Policy, which is incorporated to these Terms by reference, and is available at: https://michiganassessment.org/policies-and-procedures/security-and-malpractice/.
13.2 Disciplinary Process
All suspected incidents of rule violations, malpractice, cheating, or irregularities are taken seriously and reviewed thoroughly by Michigan Language Assessment. Michigan Language Assessment will consider each case individually and decide whether a Test score report or certificate will be issued, withheld, or if the Test score will be invalidated (or if other disciplinary action(s) described herein will be taken).
Subject to our Privacy Policy and applicable laws, Michigan Language Assessment may withhold the specifics of any investigation of identified or suspected rule violations, malpractice, cheating, or irregularities. These investigations relate to the secure administration of Tests; disclosing any such details could expose Michigan Language Assessment detection and prevention techniques and further compromise security.
Michigan Language Assessment may share the outcomes of security investigations and information about test takers whose Test scores have been invalidated, or who have had disciplinary action(s) taken against them in accordance with these Terms, with institutions, parents/guardians, government agencies, law enforcement, or visa-granting authorities in its sole discretion.
13.3 Appeals
Test takers are permitted to appeal an invalidated Test score or other disciplinary action taken by Michigan Language Assessment (e.g., a permanent ban). Instructions for how to appeal will be provided within the notification letter sent to the test taker by Michigan Language Assessment, including the details of the appeal fee.
Michigan Language Assessment will conduct a review of the test taker's case and either uphold or overturn the disciplinary action.
Score invalidations will only be reviewed once. If the invalidation decision is overturned, the appeal fee will be refunded, and a score for the Test will be issued.
14. Duty to Cooperate. You agree to cooperate fully and promptly with Michigan Language Assessment in any investigation related to: your purchase of, use of, or interaction with any of the Products and Services, any alleged or suspected violation of these Terms (including the Policies and/or the Website Terms and Conditions), or any alleged or suspected violation of Michigan Language Assessment's other rules or policies. This cooperation may include, but is not limited to, providing information requested by Michigan Language Assessment, responding truthfully to inquiries, and providing access to relevant materials or records. Failure to cooperate may result in disciplinary action(s), including, but not limited to, suspension or termination of your Michigan Customer Portal account, invalidation of Test scores, or a permanent ban from future purchasing of, registration for, or engagement with any of the Products and Services.
15. Duty to Report. You agree to promptly and fully report to Michigan Language Assessment any actual, suspected, or attempted irregularities, rule violations, cheating, or other misconduct related to the administration, content, or results of any Test, whether committed by yourself or by any other test taker, and whether occurring before, during, or after a Test Session.
Any such reporting should be made to Michigan Language Assessment by emailing info@michiganassessment.org or by utilizing the Report a Concern function on our website (https://michiganassessment.org/report-a-concern/).
16. Score Use Period. Test scores will be retained by Michigan Language Assessment for at least seven (7) years, and may be retained beyond this period, up to and including indefinite retention. Certain third parties may have their own timeframes in which they will retain and/or accept Test scores. You are responsible for verifying score requirements of applicable third parties.
17. Rescores. Michigan Language Assessment's Rescore Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/rescores/.
18. Retakes. Michigan Language Assessment's Retake Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/retakes/.
19. Cancellation and Rescheduling. Michigan Language Assessment's Cancellation and Rescheduling Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/cancellation-and-scheduling/.
20. Accommodations Policy. Michigan Language Assessment's Accommodations Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/test-taker-accommodations/.
21. Test Attempt Limit. Michigan Language Assessment's Test Attempt Limit Policy, which is incorporated to these Terms by reference, is available at: https://michiganassessment.org/policies-and-procedures/test-attempt-limit/. Any registrations in violation of this Section 21 may be cancelled or invalidated at the sole discretion of Michigan Language Assessment.
22. Intellectual Property. All materials, content, and technical structures, including, but not limited to, all forms of Tests, test-related materials, Test content, Test Prep Materials, technological systems, software, code, databases, data sets, methodologies, processes, assessments, algorithms, audiovisual materials, logos, graphics, branding, documentation, and any works derived from or related to the Products and Services provided by Michigan Language Assessment, and all associated proprietary rights (including, but not limited to, trademark, copyright, patent, trade secret, and any other intellectual property rights) ("CAMLA IP") are owned exclusively by Michigan Language Assessment and its licensors. To the extent applicable, CAMLA IP is protected by U.S. and international trademark, copyright, and intellectual property laws.
You may not copy, reproduce, republish, translate, modify, create derivative works from, reverse engineer, upload, post, publicly display, transmit, communicate, commercially exploit, make available to the public, or otherwise disclose or distribute any CAMLA IP, whether in whole or in part, in any form or by any means, for any purpose, without the express prior written consent of Michigan Language Assessment.
23. Grant of License for Test Answers. You hereby unconditionally and irrevocably grant to Michigan Language Assessment a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual license to use and exploit (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute) your Test answers, including, but not limited to, written responses, spoken responses, and recordings of your voice provided as part of any Test (without disclosure of your name or other identifying information or any attribution), in any manner and using any and all forms, media, and technologies now in existence or developed in the future for any and all purposes, including to advertise, promote, market, and create educational resources related to Michigan Language Assessment's Products and Services.
24. Modifications to Terms. Michigan Language Assessment has sole discretion to modify or replace these Terms at any time. If any such modification or replacement takes place, Michigan Language Assessment will revise the "Effective" date at the beginning of these Terms. If material changes are made to the Terms, Michigan Language Assessment will use commercially reasonable efforts to notify you by email, using the email address on your Michigan Customer Portal account. Michigan Language Assessment encourages you to regularly review this page for any updates to stay informed about the terms and conditions that govern your use of Michigan Language Assessment's Products and Services. You agree that it is your responsibility to periodically review these Terms and be aware of any modifications. Continued use of or interaction with Michigan Language Assessment's Products and Services following the posting of changes constitutes your acceptance of, and agreement to be bound by, those modified or replaced terms and conditions including all referenced Policies and the Website Terms and Conditions.
25. Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, MICHIGAN LANGUAGE ASSESSMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Without limiting the foregoing, Michigan Language Assessment makes no representations or warranties about the specific outcomes of any Test for you, or the decisions made by third parties based on Test scores.
26. Limitation of Liability. MICHIGAN LANGUAGE ASSESSMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR PURCHASE OF, USE OF, OR INTERACTION WITH MICHIGAN LANGUAGE ASSESSMENT'S PRODUCTS AND SERVICES. MICHIGAN LANGUAGE ASSESSMENT'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE RELEVANT PRODUCTS AND SERVICES.
IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR PURCHASING, USING, OR INTERACTING WITH THE PRODUCTS AND SERVICES, YOU AGREE THAT MICHIGAN LANGUAGE ASSESSMENT SHALL HAVE NO LIABILITY FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE MINOR'S PURCHASE OF, USE OF, OR INTERACTION WITH THE PRODUCTS AND SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE WAIVED UNDER APPLICABLE LAW. THE PARENT OR LEGAL GUARDIAN OF A MINOR PURCHASING, USING, OR INTERACTING WITH THE PRODUCTS AND SERVICES EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH THE MINOR'S PURCHASE, USE, OR INTERACTION WITH THE PRODUCTS AND SERVICES.
27. Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Michigan Language Assessment and its officers, agents, and employees from and against any and all claims, losses, damages, liabilities, costs, and expenses that may arise out of your acts or omissions related to the Products and Services, including, but not limited to breach of these Terms, your violation of applicable law, rule, or regulation, your misuse of the Products and Services, and/or your negligence or willful misconduct.
28. Dispute Resolution; Arbitration Agreement. Michigan Language Assessment will try to work in good faith to resolve any issue you have with the Products and Services, if you bring that issue to the attention of our Customer Service team (info@michiganassessment.org). However, Michigan Language Assessment realizes that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Michigan Language Assessment agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, your purchase, use, or interaction with the Products and Services, and this Section 28 (this "Arbitration Agreement") shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Michigan Language Assessment are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and this Arbitration Agreement and the termination of your relationship with Michigan Language Assessment.
If you seek arbitration, you must first send to Michigan Language Assessment, by certified mail, a written notice of your claim ("Notice"). The Notice to Michigan Language Assessment must be addressed to: Attn: Business Management, Michigan Language Assessment, Argus 1 Building, 535 West William St., Suite 310, Ann Arbor, Michigan 48103-4978 ("Notice Address"). If Michigan Language Assessment initiates arbitration, it will send a written Notice to the email address used when you created or first accessed your Michigan Customer Portal account. A Notice, whether sent by you or by Michigan Language Assessment, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Michigan Language Assessment and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Michigan Language Assessment may commence an arbitration proceeding.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
You and Michigan Language Assessment agree that any and all actions taken under this Arbitration Agreement and related provisions, including, but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties or as otherwise may be required by law.
The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. There will be one arbitrator, who is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Michigan Language Assessment and you agree otherwise, any arbitration hearings will take place in Ann Arbor, Michigan, which shall be the seat of the arbitration. The language of the arbitration will be English. The arbitration shall be final and binding on all parties.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Michigan Language Assessment's last written settlement offer made before an arbitrator was selected (or if Michigan Language Assessment did not make a settlement offer before an arbitrator was selected), then Michigan Language Assessment will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
You and Michigan Language Assessment agree that you and Michigan Language Assessment, as applicable, must initiate arbitration within one (1) year after you or Michigan Language Assessment, as applicable, discovered or should have discovered the basis of the claim or dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that such claim or dispute is permanently barred.
YOU AND MICHIGAN LANGUAGE ASSESSMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Michigan Language Assessment agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
The filing fee(s) for the arbitration shall be paid and allocated in accordance with the current AAA Rules, including the Mass Arbitration Supplementary Rules, to the extent applicable. Either party may request a Process Arbitrator with respect to the dispute(s) and claim(s). Michigan Language Assessment agrees to pay all Initiation Fees, Per Case Fees, and other filing fees that it is legally or contractually required to pay. Unless provided for otherwise by the applicable law or rules, or the arbitrator, Michigan Language Assessment will pay its and you will pay your lawyers', experts', and witness fees, expenses, and costs with respect to all claims.
The governing law of this arbitration agreement will be the laws of the State of Michigan, United States of America; provided, however, nothing in these Terms shall limit any rights that, as a matter of applicable mandatory law, cannot be contractually limited or waived.
29. Export Controls. By purchasing, using, or interacting with any of the Products and Services in any manner, you represent and warrant that you are not located in, a resident of, or a national of any country subject to comprehensive sanctions or embargoes imposed by the U.S. government, and that you are not identified on any U.S. government restricted or sanctioned parties list.
30. Force Majeure. Michigan Language Assessment shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions, or accidents beyond its reasonable control, regardless of foreseeability, including, but not limited to, cyberattacks, data breaches, hacking, denial of service attacks, government ordered shutdowns, strikes, lock-outs, or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, pandemic or epidemic, malicious damage, compliance with or change to any law or governmental order, rule, regulation, or direction, accident, fire, flood, storm, or default of Michigan Language Assessment or its subcontractors.
31. Governing Law. These Terms are governed by the laws of the State of Michigan, United States of America, without regard to its conflict of law provisions.
32. Governing Language. The governing language of these Terms is the English language. In a dispute about the meaning of any translation into any other language, the English language meaning governs, and the other language translation shall be amended to conform to such meaning.
33. Severability. If any provision of these Terms is held to be illegal, invalid, prohibited, or unenforceable by any applicable law or a decision of a court or arbitrator of competent jurisdiction, that provision is ineffective only to the extent and for the duration of the illegality, invalidity, prohibition, or unenforceability, without invalidating any of the remaining provisions.
34. No Waiver. If Michigan Language Assessment fails to enforce any provision of these Terms, such failure does not constitute a waiver of its rights to enforce such provision at a later time or in any other instance.
35. Headings. The headings of these Terms are for convenience of reference only and do not form part of, or affect the interpretation of, these Terms.
36. Contact. For questions or concerns regarding these Terms, please contact us at info@michiganassessment.org.
37. Continuing Obligations. The obligations of a parent or legal guardian under these Terms, including Section 26 (Limitation of Liability), Section 27 (Indemnity), Section 28 (Dispute Resolution; Arbitration Agreement), and all representations, warranties, and consents made on behalf of a Minor, shall continue in full force and effect until the earlier of: (a) the Minor reaching the age of majority in their jurisdiction, at which time the former Minor shall be deemed to have personally agreed to these Terms upon their subsequent purchase of the Products and Services, or their continued use of or interaction with the Products and Services; or (b) termination of the Minor's use of or interaction with the Products and Services. The parent or legal guardian's liability under these Terms shall survive termination of the Minor's purchase of, use of, or interaction with the Products and Services with respect to any acts or omissions occurring prior to such termination.
[Appendix A Follows]
Appendix A
Test Taker Agreement
You are about to participate in an English language test provided by Michigan Language Assessment. The test is designed to evaluate your English language proficiency. The following agreement includes important rules, expectations, and policies that apply to you as a test taker. The agreement also asks for your consent to share your test scores and personal information with third parties you authorize. Please read the information below carefully.
In consideration of being given the opportunity to take the test, I agree as follows:
1. Test Session Conduct, Integrity, & Prohibited Behavior
I will comply with all test and test session rules, policies, and instructions, including those set forth by Cambridge Michigan Language Assessment LLC ("Michigan Language Assessment") and the test session provider. I will not use any means to obtain an unfair advantage on the test. I will not, under any circumstances, engage in any form of cheating, misconduct, or malpractice, including, but not limited to, impersonation, misrepresentation, use or possession of unauthorized materials or electronic devices, copying, note sharing, unauthorized communication, item harvesting (collecting/distributing questions), tampering with test materials or software, disruptive behavior, bribery, threats, leaving the testing area without permission, manipulating the test or test session rules, or stealing test materials or content.
2. Consequences & Penalties
Any suspected violations, cheating, misconduct, or malpractice may result in immediate dismissal from the test session, invalidation of my test scores, permanent bans, notification to relevant institutions or authorities including, but not limited to, law enforcement and visa-granting authorities, and any other appropriate action, regardless of if any such violations, cheating, misconduct, or malpractice are identified before, during, or after the test session. These actions may be taken whether or not I was notified of suspected misconduct before or during the test session. I will cooperate fully and promptly with Michigan Language Assessment in any investigation related to any suspected violations, cheating, misconduct, or malpractice.
3. Test Score Reporting & Consent to Share
My test scores may be reported to any institutions, organizations, entities, employers, governments or government agencies, or any other third parties requested, designated, authorized, or otherwise consented to by me (each an "Authorized Recipient"). If I request, designate, authorize, or otherwise consent to the reporting of my test scores to any Authorized Recipient(s), I consent to Michigan Language Assessment sharing my test scores and other relevant personal information with such Authorized Recipient(s), which may be located in other countries, including, but not limited to, for the purpose of making a decision in relation to a visa application or other immigration matter connected to me. I may also choose to send my test score(s) directly to a third party myself. If I do so, I consent to Michigan Language Assessment communicating with the third party to verify my test scores and provide any other necessary personal information for this purpose.
4. Relationship to Other Agreements & Policies
This Test Taker Agreement is intended to supplement and not replace any existing terms and conditions or privacy policies of Michigan Language Assessment. All rights, responsibilities, and protections set forth in those documents remain in full effect.
5. Age; Parental/Guardian Consent
I expressly represent and warrant that I am at least 16 years of age, or am not a minor in my jurisdiction, whichever is greater, or I have the verifiable consent of a parent or legal guardian, to take the test. If I am not at least 16 years of age, or am a minor in my jurisdiction (whichever is greater), then I agree that I have verifiable consent from a parent or legal guardian to agree to take the test. I understand that Michigan Language Assessment may terminate access, invalidate test scores, and take any other remedies available to Michigan Language Assessment if I make any misrepresentation regarding parental consent.
I understand that Michigan Language Assessment may request written proof of parental or legal guardian consent at any time and for any reason. Acceptable proof may include, but is not limited to, a signed consent form, government-issued identification establishing the parent or guardian relationship, or other documentation satisfactory to Michigan Language Assessment, in its sole discretion.
By checking the box below, I acknowledge that I fully understand and accept the terms of this Test Taker Agreement.
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B) INSTITUTION TERMS OF USE
1. Institutional Registration / Use
1.1 In consideration of the Payment by the Institution, Cambridge Michigan grants to the Institution limited permission as set out in the Terms and Conditions of use and purchase for the specified Term to access the Content and use the Product(s) and Product(s) on this Website for the purpose of accessing the Service as an educational or assessment tool and for no other purposes.
1.2 Each Institution or Center is required to register unless they have already been pre-registered to use the Service on the Website. Each Institution will be set up with an Account Manager and the Account Manager will be responsible for managing the Institution’s use of the Website.
1.2.1 Each Institution shall be responsible for managing the set up and use of its account. Each Institution is responsible for ensuring that:
1.2.1.1 Access to the Institution’s account on the website is limited to authorized Users;
1.2.1.2 The login details including the password are kept securely.
1.3 The Institution undertakes that the Product will be used internally within the Institution only and not marketed externally and will not be used for commercial purposes unless the Institution has been granted Agent approval as set out in these Terms and Conditions of Use.
1.4 The Institution shall take all steps as shall be necessary to ensure compliance with these Terms and Conditions by such employees, agents, customers and sub-contractors and shall be held liable for any breaches by them.
1.5 An Institution that purchases a product is granted a non-exclusive, non-transferable limited right to permit its Users to access and use the Website during the Term as permitted under these Terms and Conditions (‘Institutional User’).
1.6 Where it purchases a Product(s) it undertakes to ensure or to take steps to ensure that in connection with the Product(s):
1.6.1 the Institutional Users it creates and grants logins to shall not exceed the maximum number of Product logins it has purchased from Cambridge Michigan;
1.6.2 it will not allow or suffer the Test to be used by more than one User;
1.6.3 Usernames and passwords must only be used by the Users subject to these terms and conditions and the Institution will ensure each User shall keep their secure password for the Website confidential;
1.6.4 it shall maintain a written, up-to- date list of Institutional Users and provide such list to Cambridge Michigan within 5 Business Days of Cambridge Michigan’s written request at any time(s);
1.7 shall be responsible for any Institutional User’s breach of these terms and conditions.
1.8 Any rights granted to the Institution under this clause are granted to that Institution only, and shall not be considered granted to any subsidiary or holding company of the Institution.
1.9 If any Institution becomes aware of any misuse of the Website, or any security breach in connection with these Terms and Conditions that could compromise the security or integrity of the Website or otherwise adversely affect Cambridge Michigan, or if the Institution learns or suspects that any Security Feature has been revealed to or obtained by any unauthorized person, the Institution shall, at the Institution's expense, promptly notify Cambridge Michigan and fully co-operate with Cambridge Michigan to remedy the issue as soon as reasonably practicable.
1.10 The Institution agrees to co-operate with Cambridge Michigan's reasonable security investigations.
1.11 Each Institution shall be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Cambridge Michigan systems, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Institution's network connections or telecommunications links or caused by the internet.
1.12 Cambridge Michigan reserves the right, without liability or prejudice to its other rights to an Institution to:
1.12.1 suspend or deactivate an Institution Administrator Account or Institutional User account;
1.12.2 remove access to or delete an Institution account or Institutional User account or remove anyone who accesses or uses the Website through the Institution in the event of a breach or suspected breach of these terms and conditions.
5. Agent
5.1 If an Institution is granted Agent status and has signed the applicable Agent agreement, it will be able to manage the sale and use of Test(s) to and by Clients in accordance with the rights granted by Us.
5.2 An Agent must set up Client(s) in accordance with Our instructions and only allocate Test(s) to Clients once they have been approved as Institutions by Us.
5.3 An Agent must assign Test(s) to a Location and assign Client(s) to a Location before it can allocate any approved requests for Test(s).
5.3 An Agent must ensure that Clients and Candidates are made aware of the provisions of the Data Protection and Privacy Statement.
5.4 An Agent is responsible for invoicing Client(s) outside of the Website in accordance with any terms and conditions agreed with the Client and the Agent is responsible for the arrangements for collecting any payments required from Client(s) for the Test(s).
6. Agent Client(s)
6.1 A Client once created as an Institution by Us at the request of an Agent can request Test(s) from an Agent. A Client can have its status as a Client removed or terminated by the Agent in accordance with the Agent’s terms and conditions. We have no control over the Client status and this is conferred by the Agent alone.
6.2 A Client is responsible for paying the Agent in accordance with any terms and conditions agreed with the Agent.
6.3 Any dissatisfaction or problems with Test availability or administration must be raised with the Agent and not with Us.
Data Protection and Privacy Statement
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C) CANDIDATE TERMS OF USE
These terms only apply to Users who are not acting for purposes relating to a trade, business, craft or profession.
1. Registration
1.1 Once You register or are registered for the Website, Your registration will continue:
1.1.1 Until You notify your test center.
1.1.2 Your registration will only be valid for seven (7) years from the date You take Your Test or purchase Product(s ) (as applicable, which ever date is the later date) unless You have opted to receive marketing regarding other products or services that may be of interest to You. You will receive an e-mail informing You that Your registration will lapse and to continue Your registration You must follow the instructions set out in the e-mail.
1.2 Your use of the website and access to Services on the Website will be determined by Your registration and the Product(s)) You are eligible for.
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Go to the Data Protection and Privacy Statement