Terms and Conditions of Sale and Use of A2k Products
1. Acceptance of Terms and Conditions:Purchase and use of ASSESSMENT 2000 Products are conditioned upon acceptance of these Terms and Conditions. Customer agrees to these Terms and Conditions by submission of user qualifications, orders for tests, or by paying for any products. These Terms and Conditions constitute the entire agreement between ASSESSMENT 2000 and the customer and supersede any terms associated with a purchase order number or any order. These Terms and Conditions may not be waived or modified except by prior written agreement signed by the Director of ASSESSMENT 2000.
2. Warranty:Except as stated herein, ASSESSMENT 2000 makes no warranties, express or implied, with respect to the products. All other warranties, including implied warranties of merchantability and fitness for a particular purpose, are disclaimed.
3. Limitation of Liability and Limitation of Claims: In no event will ASSESSMENT 2000 be liable for any indirect, consequential, exemplary, or special damages arising out of this agreement or purchase or use of the products or services. Notwithstanding any other provision or agreement with the customer and ASSESSMENT 2000, ASSESSMENT 2000's total liability to any party will not exceed the amount paid by the customer for the products or services. Any action on any claim against ASSESSMENT 2000 must be brought within one year following the date the claim first accrued, or such claim shall be deemed to have been waived.
4. Indemnification:To the extent permitted by law, customer agrees to hold harmless, indemnify and defend ASSESSMENT 2000 from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising incurred or suffered by ASSESSMENT 2000 directly or indirectly by reason of any act or omission that the customer commits in breach of these Terms and Conditions and the obligations and warranties contained in them.
5. Return and Exchange Policy:You mayreturn new, unused, and undamaged items sold by ASSESSMENT 2000 within 30 days for a prompt refund. Refunds for items returned within 30 days of purchase date will be credited in the same form as the original payment type, less a small electronic transmission fee. The shipping of returned items to ASSESSMENT 2000 is paid for by the buyer. Please mail your return item in a prepaid traceable method (USPS, UPS, FedEx), with a written request for a refund, to the following address: ASSESSMENT 2000, P.O. Box 1125, Capitola, CA 95010. Exchanges will be made for defective material within 30 days of purchase. Return defective products within 30 days of purchase with proof of purchase, date of purchase, state reason for the exchange, provide name and phone number, send material by a traceable method (such as USPS, UPS or FedEX) to: ASSESSMENT 2000, P.O. Box 1125, Capitola, CA 95010. Shipping for returned or exchanged items is paid for by the buyer.
6. Use of Product:The customer agrees that they are qualified to use the products they purchase from ASSESSMENT 2000. The customer agrees that it is the customer's responsibility to use any product in accordance with applicable professional guidelines. The customer understands and agrees that the products are intended to be used as tools in the overall assessment process, and are not designed to be used alone or to replace the customer's professional judgment. ASSESSMENT 2000 is not responsible for any claims or damages incurred in connection with the customer's or any third party's use or misuse of the products. Product users must agree to guard against the improper use of our products in order to retain the right to purchase those products. To protect their security and value, product and their scoring keys must be kept secure and me accessible only to authorized personnel. Products materials may not be resold, re-licensed, transferred o otherwise distributes without prior written permission from ASSESSMENT 2000. The purchaser agrees to properly use any ASSESSMENT 2000 products, provide only accurate information about qualifications, use products according to legal and ethical guidelines, and in accordance with the ASSESSMENT 2000 Terms and 'Conditions and Qualification Policies.
7. Copyright and Trade Secrets:ASSESSMENT 2000 Products are protected by U.S. Copyright laws, trade secret, and trademark. Printing or reproducing copyright-protected materials or content, including reproduction of test items, scales, scoring algorithms, or other content, is strictly prohibited by law and these Terms and Conditions. The customer's purchase of ASSESSMENT 2000 products does not grant the customer the right to reproduce additional copies of material or the content or enter content onto a computer medium. The customer may not under any circumstances copy or reproduce the text or graphic image of any test item. No adaptations, translations, modifications, or special versions may be made without permission in writing from ASSESSMENT 2000.
8. Maintenance of Test Security:Customer agrees to comply with the following basic principles of test security:
(1) test takers must not receive test answers before beginning the test
(2) test questions are not to be reproduced or paraphrased in any way
(3) Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use
(4) test materials and scores may be released only to persons qualified to interpret and use them properly. (5) if a test taker or the parent of a minor child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college, or institution that administered the test (6) test materials may not be resold, re-licensed, transferred or otherwise redistributed for any purpose without prior written permission from ASSESSMENT 2000.
9. Payment:ASSESSMENT 2000 accepts payment by PayPal, or PayPal accepted credit cards.
10. Shipping Policy: Products can be shipped anywhere in the United States. Cost for shipping are charged to the buyer, unless otherwise stated on website. Shipping for returned or exchanged items is paid for by the buyer. Some products cannot be shipped to international destinations.
11. Geographic Restrictions:ASSESSMENT 2000 may restrict the sale of certain test materials within specific geographic regions.
12. Modification of Terms and Conditions: ASSESSMENT 2000 reserves the right to amend pricing and these Terms and Conditions at any time. The most current terms and conditions will be posted at ASSESSMENT2000.com.
13. Requests for Permission to License or Wholesale Purchase ASSESSMENT 2000 Products: Requests to arrange a licensing agreement to sell ASSESSMENT 2000 products or to buy ASSESSMENT 2000 products wholesale, must be directed to: firstname.lastname@example.org, or sent to ASSESSMENT 2000, P.O. Box 1125, Capitola, CA 95010.
15. Qualification Levels:ASSESSMENT 2000 qualification levels are consistent with the test publishing industry. By submission of order or payment for tests, customer agrees that purchase is by or for qualified individuals, and agrees to enter requested qualifications during the online checkout payment process. The ASSESSMENT 2000 Qualification Levels are stated as follows:
Qualification Level A: There are no special qualifications to purchase these products
Qualification Level B: • B.A. degree and certification to practice in your state in a field related to the assessment or • certification to administer purchased products and primary work in a field related to the purchase Qualification Level C: • Master's degree in psychology, education, occupational therapy, speech and language pathology, social work, school psychology, or in a field closely related to the intended use of the assessment, and formal training and experience in the ethical administration, scoring, and interpretation of clinical assessments
Qualification Level D: • Doctorate degree in psychology, education, or closely related field with formal training in the ethical administration, scoring, and interpretation of clinical assessments related to the intended use of the assessment or • Degree and license to practice in the healthcare or allied healthcare field
16. Definitions and Notes:
(a) The terms "A2k" and "A2k R&D" are part of an e-commerce business of "ASSESSMENT 2000". All organizations are included in the term "ASSESSMENT 2000".
(b) "Customer" means the purchaser and qualified user of the products, who are collectively referred to as the "customer"
(c) "applicable professional guidelines" include but are not limited to the Standards for Educational and Psychological Testing, published by the American Educational Research Association (AERA), American Psychological Association (APA), and National Council on Measurement in Education (NCME). Use of psychological tests in employment-related situations may be subject to certain laws including Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990, as amended; and other federal, state, and local laws and regulations. (d) "Products" means assessment instruments and related materials published by ASSESSMENT 2000 or A2k R&D.