Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY.  If you are under the age of eighteen (18), please read with your parent or guardian. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS ("TERMS OF USE"), DO NOT USE THIS WEBSITE.

Use of Website.

By using this website, 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.

WPS authorizes you to view and download the materials at this website 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 or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed 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 this site 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 this website is 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 trade secrets, copyright and trademark. 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™, 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 this website. By making them available on this website, WPS is not granting you a license to use them in any fashion. Access to this website 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 this website 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 AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT 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 THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

WPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

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 THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, 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 THIS SITE 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 THIS SITE, ITS CONTENT OR 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, liabilities, 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 alleged copyright 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 action 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 - Western Psychological Services
625 Alaska Avenue
Torrance, CA 90503-5124

NO TRANSLATION OF ENGLISH LANGUAGE MATERIALS IS PERMITTED

Users of this website and purchasers of WPS materials understand that English-language materials are intended to be used in English and with clients whose primary language is English. Users of this website and purchasers of WPS materials agree that they will not make any translations or alterations of WPS materials. For information on available commercial translations of WPS materials, please contact WPS Customer Service (customerservice@wpspublish.com). For information on research-only translations, or to request permission to make a translation, please contact WPS Rights and Permissions rights@wpspublish.com

Creating an unauthorized written translation from English-language materials violates U.S. and international laws related to intellectual property and copyright, these Terms of Use, and is expressly prohibited by the rightsholder. Absolutely no translations—including simultaneous translations, or ‘translations on the fly’—from English materials are authorized by WPS and are expressly prohibited. Any purchasers and users of the materials acknowledge that use through translation from English materials may not produce accurate results consistent with those published in the test manual or research literature. Use of such non-standard materials does not accord with standards of patient care, constitutes a misuse of the original materials, and may subject you to legal action. For additional information, contact WPS Research and Development research@wpspublish.com

GENERAL TERMS

International Orders Customs charges and duties may be applied to a shipment when it enters a foreign country. These charges are determined by the country's government and are collected by the package courier upon delivery of goods. The carrier, acting as customs broker, may also charge a processing fee that you are responsible for paying. WPS plays no role in assigning or collecting these duties.

Applicable Laws. WPS controls this website 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 this website, 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 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 at 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 at this website may be out of date, and WPS makes no commitment to update the materials and services at 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 this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this 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 any website of WPS or placement of an order with WPS, you acknowledge you have read, understood, and agree to be bound by these Terms of Use. You agree that these Terms of Use supersede any purchase order terms that may have been contained on an order placed by you. You represent 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 SITE.



Terms of Use last updated 1/27/2014

Are you conducting a clinical trial that requires use of our instruments in a specialized format?

Through an easily arranged licensing agreement, WPS Rights & Permissions can provide you our copyrighted instrument(s), like the CDRS-R, in an industry standard metadata format that has been defined by the Clinical Data Interchange Standards Consortium (CDISC). 

The CDISC works with the FDA, US National Institutes of Health (NIH), and global organizations conducting clinical research to represent data collected in clinical trials in a standards format that can be more consistently analyzed and reviewed.  

This specialized format has also been incorporated into the National Cancer Institute Enterprise Vocabulary Services (NCI-EVS) thesaurus. 

If you want to learn more about how you can gain access to this customized file, please contact rights@wpspublish.com.