Terms of Use

Welcome to this website ("Website") provided by the Wisconsin Center for Education Products and Services (“WCEPS”) which provides access to the Comprehensive Assessment of Leadership for Learning (“CALL”). CALL is an online formative assessment tool designed to improve leadership for learning in schools.

Your registration, access and use of CALL and this Website is subject to the following Terms of Service. Please read these Terms of Service carefully before using this Website or registering to access or use CALL, so that you fully understand your rights and responsibilities. These Terms of Service together with the CALL Privacy Policy constitute an agreement between you (and the school or district that you represent) and WCEPS regarding use of CALL and this Website.

By accessing or using this Website or completing your registration for CALL, you agree to these Terms of Service. Please print a copy of these Terms of Service for your reference. If you do not agree to the following Terms of Service, do not access or use this Website and you will not be permitted access to CALL.

Authority

By entering into these Terms of Service, you are representing to WCEPS that you have the right and authority to enter into these Terms of Service for the purchase of access to CALL, use of CALL and use of this Website on behalf of yourself and the school or school district that you represent.

Modifications to Terms of Service

WCEPS MAY REVISE THESE TERMS OF SERVICE AT ANY TIME. SHOULD ANY REVISIONS BE MADE, WCEPS WILL GIVE NOTICE TO YOU AND ALL USERS BY POSTING A NOTICE REGARDING THE REVISIONS ON THIS WEBSITE OR ONLINE VIA CALL PRIOR TO THEIR EFFECTIVE DATE, AND THE NEW REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING. BY ACCESSING OR USING THIS WEBSITE OR CALL AFTER SUCH REVISIONS ARE POSTED YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

Site Information

Information displayed on this Website or via CALL is subject to modification without notice. WCEPS reserves the right to modify such information without any obligation to notify past, current or prospective users. Some services may not be available in certain areas. WCEPS makes no representations that the materials on this Website or CALL are appropriate or available for use in any particular state or other countries besides the United States. Those who do access this Website or CALL are solely responsible for compliance with the laws of the state or country in which they reside. All offers set forth on this Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Privacy Policy

Access to this Website and/or CALL may be monitored from time to time. Your use of this Website and/or CALL constitutes your consent to such monitoring and data collection as set forth in our Privacy Policy.

Registration

You may request access to CALL via the Website registration process. If you request registration to access CALL and your registration is approved by WCEPS (or such registration is requested on your behalf), you will be provided with access to CALL via a user name and password provided via the email provided during registration. You are responsible for all activity under your user name. You have the sole responsibility for ensuring the confidentiality of the user name and password for your account. You agree to immediately notify WCEPS of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware.

Prices

Prices remain valid while they are listed and offered on this Order Page. WCEPS reserves the right, without liability or prior notice, to revise or cease to make CALL available. The price of access to CALL will be the price posted on the Order Page as of the date of the order.

Taxes

You are responsible for any and all sales, use, excise, and other taxes, import duties and charges levied as a result of your order.

Payment

You must submit the necessary credit card information when you place an order to access CALL. If the card information you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. Neither WCEPS nor its third party payment processor has any responsibility or liability if the financial institution refuses to accept or honor your card for any reason. WCEPS works with a third party payment processor to help ensure the security of your credit card data as further set forth in our Privacy Policy. All fees are nonrefundable unless otherwise expressly stated in these Terms of Service.

Termination

You may terminate your account and access to CALL at any time. Furthermore, WCEPS can suspend or terminate your access to CALL at any time in the event that WCEPS ceases providing CALL as a service or WCEPS reasonably believes that you have breached these Terms of Service or any other posted terms. Our failure to enforce any right, or failure to take action against you regarding your breach of this Agreement will not be a waiver by us of any later right or breach and termination of your access does not preclude WCEPS from pursing other damages and causes of action.

Intellectual Property Rights

Copyright 2013. All rights reserved.

The content on CALL and this Website, including without limitation the text, trademarks, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations, software, the compilation of content, arrangement, organization, design, trade dress and look and feel of CALL is the property of WCEPS or its vendors. CALL and this Website may also contain various third-party names and marks that are the property of their respective owners. This intellectual property may be protected under applicable United States and international patent, copyright, trademark and other intellectual property laws.

Any unauthorized use of the marks or of our copyrighted material or trade dress or any other intellectual property available on or through CALL or this Website is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

License to Access

Access to CALL is limited to you and those personnel that are authorized by you. You may view, copy, print and use content contained on CALL solely for your own personal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this CALL is modified or framed in any way; and (3) no graphics available from CALL are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of WCEPS or any third party, except as expressly provided in this section.

You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of CALL or rent or sell use of or access to (such as on a time share or service bureau basis) CALL, or any of the content or materials on CALL. You may not permit third parties to access CALL or use any CALL content and may not make any other use of CALL or any CALL content except as set forth in this Agreement. You agree to use CALL and the Website for lawful purposes only. You may not post or transmit through CALL any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying CALL will not be permitted.

You understand and agree that WCEPS may terminate or otherwise deny your access to CALL and without notice in the event WCEPS believes in its sole discretion that (i) you have violated a provision of this Agreement, (ii) you have used or misused CALL in a manner that WCEPS has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or WCEPS or if such action is otherwise required by law. You acknowledge and agree (1) that your use of CALL is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of CALL is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

Support

Support for use of CALL is available via the "Help" function.

Survey Responses

All of the survey responses from your school submitted via CALL will be combined together and reported back to you to inform school improvement planning. You, as the school administrator, will not have any access to the name or any personally identifiable information that would allow you to identify any specific responses to the survey questions. In addition, data from your school will be combined with data from other schools for use in research studies on school leadership and school effectiveness. Your name and the name of the school will not be identified in any subsequent reports or publications that result from this research.

Warranty Disclaimer

CALL, THE WEBSITE, AND ALL INFORMATION, SERVICES AND RELATED MATERIALS ARE PROVIDED "AS IS," “AS AVAILABLE” AND “WITH ALL FAULTS.” WCEPS MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF CALL, THE WEBSITE, OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WCEPS AND ITS RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CALL, THE WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, WCEPS DOES NOT WARRANT THAT CALL OR YOUR ACCESS TO CALL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN CALL WILL BE CORRECTED, OR THAT CALL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WCEPS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN CALL IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

WHILE WCEPS TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, WCEPS CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. WCEPS AND ITS VENDORS USE INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER WCEPS' CONTROL; HOWEVER, WCEPS DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR. YOU UNDERSTAND THAT USE OF THE INTERNET AND CALL IS AT YOUR OWN RISK. WCEPS IS NOT RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY CONTENT OR SERVICES.

Either CALL and/or the Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. WCEPS cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, WCEPS cannot and does not have any liability for such failures. No advice or information from WCEPS in any manner will create any warranty as to the Website or any product, service or material available through the Website, including without limitation CALL. If for any reason you are not satisfied with CALL or its content, your sole remedy is to cease using CALL or such content, even if such remedy should fail of its essential purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL WCEPS OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE WEBSITE, CALL OR YOUR USE OF CALL, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WCEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF CALL. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF WCEPS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WCEPS AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT WCEPS MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF CALL, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF WCEPS, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, WCEPS RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Third-Party Websites

This Website may link to, or be linked to, other websites not maintained by or related to WCEPS. Such links are provided only as a service to our visitors. WCEPS is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Website. WCEPS has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

Interpretation and Disputes

These Terms of Service are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of law’s provisions. Venue shall be proper exclusively in Dane County, Wisconsin with respect to any dispute arising under these Terms of Service, unless otherwise specifically agreed by WCEPS in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Service is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Service shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

By your access or use of this website, you hereby agree to these Terms of Service. These Terms of Service, together with the CALL Privacy Policy constitute the entire agreement between you and WCEPS with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by WCEPS. These Terms of Service will inure to the benefit of WCEPS’s successors and assigns.

U. S. Government End Users

CALL is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and COMPUTER SOFTWARE clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial COMPUTER SOFTWARE-Restricted Rights at 48 CFR 52.227-19, as applicable. Licensor is WCEPS, located at 510 Charmany Drive, Suite 269, Madison, WI

Electronic Communications

You acknowledge that these Terms of Service are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Service and any other documentation, agreements, notices or communications between you and WCEPS may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Service, please contact us at: call@leadershipforlearning.