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WPS

Terms and Conditions of Use-Online Evaluation System


PLEASE READ THE FOLLOWING CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS (“TERMS OF USE”), DO NOT USE THIS ONLINE EVALUATION SYSTEM (“OES”).

Use of OES. By using the OES, you agree to be bound by these Terms of Use. WPS reserves the right, at any time, to modify, amend, alter, or update these Terms of Use. You agree to be bound by such modifications, amendments, alterations, or updates. We encourage you to visit this page periodically to review our most current Terms of Use. The OES is intended to be used only by authorized adults eighteen years of age or older.

All users of the OES agree to protect the confidentiality of all information transmitted. Use of the OES is subject to the WPS Privacy Policy and the terms of the WPS Business Associate Agreement.

WPS authorizes you to view and download the materials on the OES under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images, and other materials and services found on the website (collectively “Content”) may not be copied, distributed, republished, uploaded, posted, publicly displayed, performed, or transmitted in any way without the prior written consent of WPS. For purposes of these Terms of Use, any use of this Content on any other website or networked computer environment for any purpose without WPS’ written consent is prohibited.

Copyrights, Trademarks, and Service Marks. Unless otherwise noted, all Content and other materials on the OES are protected as the copyrights, trade dress, trademarks, trade secrets, and/or other intellectual properties owned by WPS or by other parties that have licensed their material to WPS. The Content of the OES may be copyrighted and any unauthorized use of the Content of this website may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.

Additionally, WPS products are protected by various intellectual property laws, including those pertaining to trade secrets, copyrights, and trademarks. Printing or reproducing copyright-protected materials or content, whether the reproductions are sold or furnished free for use, including reproduction of test items, scales, scoring mechanisms, manuals, or other content, is strictly prohibited by law and by these Terms of Use.

WPS, Creative Therapy Store, Get Creative!, Unlocking Potential, and WPS’ trade dress and various logos, identifiers, and product names are all registered trademarks, pending applications, and/or common-law marks of WPS in the United States and foreign countries.

There are a number of proprietary logos, service marks, trademarks, slogans, and product designations found on the OES. By making them available on the OES, WPS is not granting you a license to use them in any fashion. Access to the OES does not confer upon you any license under any of WPS’ or any third party’s intellectual property rights. Use of WPS’ proprietary logos, service marks, trademarks, slogans, and product designations found on the OES by users is restricted as set forth in these Terms of Use.

WPS’ trademarks may be used publicly only with permission from WPS. Fair use of WPS’ trademarks in advertising and promotion of WPS products requires proper acknowledgment. No WPS trademark or service mark may be used as a hyperlink without WPS’ prior written permission.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED ON THE OES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

WPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ITS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM ITS WEBSITE.

WPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE. WHILE WPS MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT WPS. WPS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING ANY MATERIAL THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THIS SITE.

Limitation of Liability. IN NO EVENT WILL WPS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THE OES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THE OES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, WPS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE OES, ITS CONTENT, OR ITS LINKS, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO WPS.

Indemnification Upon Breach of Terms of Use. To the extent permitted by law, you agree to hold harmless, indemnify, and defend WPS from and against any and all claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by WPS directly or indirectly by reason of any act or omission that you commit in breach of these Terms of Use and the obligations and warranties contained in them.

Procedure for Making Claims of Copyright Infringement. WPS respects the intellectual property rights of others, and expects its users to do the same. WPS will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (DMCA) (17 USC § 512) website. Any notifications of claimed copyright infringement must be sent to WPS at the following address: rights@wpspublish.com. When notifying WPS of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the allegedly copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

Requests for Permission to License WPS Intellectual Property. Requests to copy, translate, modify, or adapt any WPS products must be in writing and e-mailed to rights@wpspublish.com or mailed to:
WPS
625 Alaska Avenue
Torrance, CA 90503-5124

GENERAL TERMS

Applicable Laws. WPS controls the OES from its offices within the United States of America. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. You acknowledge that by accessing the OES, you are voluntarily accessing content that is physically located on servers within the State of California.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct, or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of California. By using this website, and therefore agreeing to these Terms of Use, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of California. In addition, you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits, or proceedings arising out of these Terms of Use. You also waive any right to pursue any action, suit, or proceeding arising in connection with, or relating to, these Terms of Use in any jurisdiction other than the Federal and State courts of the State of California.

Equal Opportunity. WPS is an equal opportunity employer committed to a diverse workforce.

Termination. WPS, in its sole discretion, may terminate or restrict your use of or access to this website (or any part thereof) for any reason, including, without limitation, if WPS believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

Privacy. WPS recognizes the need to protect the privacy of users of this website, and to provide additional privacy protection to children. WPS encourages parents to supervise their children’s online activities. For a detailed description of our information collection practices, please see our Privacy Policy, which is incorporated by reference into these Terms of Use.

Revisions. WPS may make changes to the materials and services on this website, or to the products and prices described, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. The materials and services on this website may be out of date, and WPS makes no commitment to update the materials and services on this website.

Additional Terms. Certain products or services offered by this website may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and these Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control.

Waiver. WPS’ failure to enforce any part of these Terms of Use shall not constitute a waiver of any of WPS’ rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by WPS nor the reliance of any person on WPS’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of WPS will constitute a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. By your use of the OES, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You represent that you have the legal authority to accept these terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE OES.

OES Terms of Use last updated March 20, 2014