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.
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.
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.
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.
You may request access to CALL using the Website registration process. If you request registration to access CALL(or such registration is requested on your behalf) and your registration is approved by WCEPS, you will be provided with access to CALL, a user name, and password 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 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.
You are responsible for any and all sales, use, excise, and other taxes, import duties and charges levied as a result of your order.
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 in CALL and related materials licensed by WCEPS are owned by Leadership for Learning LLC and used under exclusive license by WCEPS. The copyright owner reserves all rights in and to their copyrights 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 licensors. 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 for use of CALL is available via the "Help" function.
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 that may contain personally identifiable information such as your name and email address will be combined with data from other schools for use in research studies on school leadership and school effectiveness by third party research partners (“Research Data”). Research Data may be transferred to such third party researchers either with or without the payment of a fee. Your name and the name of the school will not be identified in any subsequent reports or publications that result from this research. You expressly consent to our transfer, including sale, of Research Data to third party research partners for the purpose of conducting academic research.
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.
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.
International Data Transfer
“Personal Data” shall mean all personal data (as defined in the Data Protection Legislation) controlled by you which is processed by WCEPS in order to process the District’s order;
“Provided Materials” means all materials, data and content owned and/or licensed by you which are made available to WCEPS in order to process your order;
“Data Protection Legislation” means (i) any legislation in force related to the European Community's Directive 95/46/EC and Directive 2002/58/EC, including but not limited to the Data Protection Act of 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003; (ii) from 25 May 2018 only, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the "GDPR"); and (iii) any other legislation in force from time to time in the United Kingdom relating to privacy and/or the processing of Personal Data
The terms “process”, “data controller”, “data processor” and “data subject” shall have the meanings set out in the Data Protection Legislation.
To the extent relevant, You shall comply with the Data Protection Legislation as regards the Personal Data. The parties agree that you shall be the data controller and WCEPS shall be a data processor of any District Personal Data. You warrant that your instructions to WCEPS in respect of the District Personal Data are lawful.
1. WCEPS shall to the extent it is acting as a data processor under the Agreement:
1.1. comply with the requirements of the Data Protection Legislation when processing the Personal Data;
1.2. only process Personal Data to the extent necessary to provide the services under this Agreement and to do so in accordance with your documented instructions, including with regard to transfers, unless required to do otherwise by applicable law. In which event, WCEPS shall inform you of the legal requirement before processing the Personal Data other than in accordance with your instructions, unless legally prohibited from doing so;
1.3. ensure that its personnel are subject to appropriate obligations of confidentiality;
1.4. taking into account the nature of the order, provide reasonable assistance to you, insofar as this is possible and at your cost, for the fulfilment of your obligations under the Data Protection Legislation in respect of data security; data breach notification; data protection impact assessments; prior consultation with supervisory authorities; and the fulfilment of data subject’s rights;
1.5. taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, have in place appropriate technical and organizational measures to ensure a level of security appropriate to the risk, and otherwise take all measures required under Article 32 of the GDPR;
1.6. promptly notify you of any communication received relation to the parties’ obligations under the Data Protection Legislation with respect to Personal Data, including any communication from a data subject or supervisory authority; and
1.7. upon termination of all services purchased from WCEPS, upon your request, return or delete the Personal Data, and delete any existing copies in its possession unless required to retain such Personal Data under applicable law.
2. You consent to WCEPS engaging subcontractors to process the Personal Data on its behalf (“Sub-processors”). WCEPS shall ensure Sub-processors are subject to contractual obligations which are the same as or equivalent to those imposed on WCEPS under this Agreement. WCEPS shall inform you of any intended changes concerning the addition or replacement of any Sub-processor within a reasonable time and obtain the prior written consent of you prior to implementation of such change. In the event of your objection to such change, WCEPS shall make reasonable efforts to address your concerns (including making reasonable efforts to find an alternative Sub-processor). WCEPS shall be responsible for the performance of its Sub-processors.
3. You acknowledges and agrees that Personal Data may be processed by Sub-processors outside the European Economic Area or the country where you are located in order to carry out the services purchased and WCEPS’s other obligations under this Agreement. WCEPS shall implement a data transfer solution to ensure any such transfers are compliant with the Data Protection Legislation.
4. WCEPS shall use appropriate technical and organizational measures to protect Personal Data stored with WCEPS infrastructure against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration, as notified to you in writing. You agrees that the technical and organizational measures are appropriate, taking into account the nature, scope, context and purposes of the processing.
5. Upon written request, WCEPS shall make available to you such information as is reasonably necessary to demonstrate WCEPS’s compliance with its obligations under this clause 16 and under Article 28 of the GDPR. In addition, WCEPS agrees to permit an audit to be conducted of its facilities, by you or your representatives (bound by appropriate obligations of confidentiality), provided such an audit is carried out: (i) during WCEPS’s normal business hours; (ii) in manner that causes minimal disruption to WCEPS’s business and excludes from its scope any internal pricing information, information relating to other clients and customers of WCEPS or other WCEPS’s own internal reports; and (iii) at the your own cost.
6. WCEPS shall notify you without undue delay and in any event within one (1) business day of discovery of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Personal Data.
The Personal Data processing activities carried out by WCEPS under this Agreement may be described as follows:
Subject matter: the purchase and use of CALL.
Duration: So long as you are an active user of CALL.
Nature and purpose: To enable WCEPS to process payment and provide CALL services.
Data categories: general personal information including name, address, district, phone number, email address, credit card or other payment information
Special categories of Personal Data: None
Data subjects: your authorized purchasing agents, administrators, and teachers
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.
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 1213 N. Sherman Avenue #322, Madison, WI 53704.
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.
Some laws may allow you to request from WCEPS your personal information. If you are in a place that has such a law, you may have one or more of the following rights:
The right to access – The right to request WCEPS for copies of your personal data related to your order. We may charge you a small fee for this service.
The right to rectification – The right to request that WCEPS correct any information you believe is inaccurate about your order. You also have the right to request WCEPS to complete the information you believe is incomplete.
The right to erasure – The right to request that WCEPS erase your personal data related to this order, under certain conditions.
The right to restrict processing – The right to request that WCEPS restrict the processing of your personal data related to this order, under certain conditions. Restricting or objecting to the processing of your personal data related to this order may prevent your access to Providers’ services.
The right to object to processing – The right to object to WCEPS processing of your personal data related to this order, under certain conditions.
The right to data portability – The right to request that WCEPS transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request and your request is valid, WCEPS will respond to you within one (1) month. If you have any questions or concerns regarding these Terms of Service, or would like to exercise the rights enumerated above please contact us at: firstname.lastname@example.org