AEPSi: Terms Of Use


Thu, Dec 14

ACCEPTANCE OF TERMS
Please read these terms and conditions carefully before using the web-based management system AEPSinteractive™ (AEPSi™) located at www.aepsi.com (the "Site"). By accessing and using this Site in any way, you indicate that you agree to, and are bound by, the terms and conditions of use set forth in this document. If you do not so agree, you may not use this Site.
Paul H. Brookes Publishing Co., Inc. ("Brookes Publishing Co.") may, from time to time, change, amend, modify, or update the Terms of Use without notice to you and at its sole discretion. Any revised Terms of Use will be considered effective from the date that it is posted on this Site. Your continued access or use of this Site constitutes acceptance of the changes by you and your institution. It is your responsibility to regularly check the most current Terms of Use, which are accessible from the home page of www.aepsi.com.
These Terms of Use and the Privacy Policy for AEPSi™ are part of the AEPSi™ License Agreement that subscribers must read and agree to before using the AEPSi™ web-based management system. The License Agreement will be provided to you when you become a subscriber to AEPSi™.
INTELLECTUAL PROPERTY
Brookes Publishing Co. makes available on this Site an online assessment, programming, and reporting system ("Services") to be used by teachers, specialists, school and education administrators, parents and guardians, child care providers, and other interested parties in order to track, report on, and otherwise monitor the developmental progress of individual children and groups of children.
The text, pictures, sound, graphics, logos, marks, symbols, software, and tools used in conjunction with, or otherwise made available through, the Site by Brookes Publishing Co. (the "Content") and all copyrights, trademarks, patents, service marks, trade secrets, know-how, database rights, and all other rights relating to such Content (the "Intellectual Property") are owned by Brookes Publishing Co., its affiliates, or third parties who have given Brookes Publishing Co. the right to use them. You retain ownership and maintain control only of data you input or generate in the system. You may only use the Content and Intellectual Property as expressly permitted in these Terms of Use.
Copyright
Unless otherwise indicated, this Site and the Content contained hereon are the sole and exclusive property of Brookes Publishing Co. and are protected by United States and international copyright laws. Copyright © 2007–2017 Paul H. Brookes Publishing Co., Inc. All rights reserved.
Trademark/Service Mark AEPS® is a registered trademark and AEPSinteractive™, AEPSi™, AEPS® logo and AEPSi™ logo are trademarks and service marks of Paul H. Brookes Publishing Co. and may not be used without the prior written consent of Brookes Publishing Co.
Permission for Limited Use
When permitted by Site functionality, you may download or print the Content for your non-commercial use for personal and/or educational purposes only provided that you keep intact all copyright and other proprietary notices. You may not otherwise modify, adapt, reproduce, upload, post, transmit, download, reverse assemble, reverse compile, translate, or distribute the Content or Services; rent, lease, assign, or attempt to license the Content or Services or allow other persons or entities to use it; or create derivative works based on any part of this Site and/or its Content or Services unless permitted by written agreement with Brookes Publishing Co. or except as expressly allowed by these Terms of Use or the AEPSi™ License Agreement. Additional information on use limitations is provided in the AEPSi™ License Agreement.
Relationship to Other Intellectual Property
Information accessed through links made at www.aepsi.com to other sites is the sole property of its respective owners, and you must observe copyright and other restrictions imposed by those other sites. No affiliation with, endorsement of, or sponsorship by Brookes Publishing Co. should be inferred. You may not use the Site in any manner that infringes the rights of any person or entity.
ACCESS LIMITATIONS
Access to some sections of this Site is restricted to Registered Users and is granted through a nonexclusive, nontransferable, revocable license on a subscription basis in accordance with the terms and conditions set forth in the AEPSi™ License Agreement, Terms of Use, and Privacy Policy. Registered Users gain access to restricted sections of the Site through the use of user names and passwords, which are personal to the Registered User and may not be shared with or transferred to any other party. User names and passwords must be kept confidential.
Additional access restrictions may apply based on the user roles and access rights assigned by the AEPSi™ Administrator at your organization. Attempting to access, or provide access, to restricted areas without authorization is prohibited.
USE OF SITE AND SERVICES
You may use the Site solely to support your own AEPSi™ account-related activities and for the benefit of personnel who are employed by, or independent contractors retained by, your AEPSi™ Account Holder and/or students and their families served by your Account Holder. (Definitions of Account and Account Holder are provided in the License Agreement.) You may not provide access to the Content or Services to, or utilize the Services on behalf of, any third parties. Ownership of the Site, Content, and Services remains the exclusive property of Brookes Publishing Co.
You agree to use the Services only to access, download, utilize, post, send, or receive Content in an appropriate manner as related to the particular Content or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services, or Content, you agree that you shall not:
  • Collect, harvest, mine, or engage in any other activity to obtain e-mail addresses, phone numbers, personal information, or any other information about others other than as expressly permitted by this Agreement or the AEPSi™ License Agreement.
  • Use or attempt to gain access to or use another's account, password, Service, Content, input data, or computer systems or networks connected to any Brookes Publishing Co. server or to the Site without authorization from Brookes Publishing Co., whether through hacking, password mining, or any other means.
  • Remove or falsely add to any uploaded Content any copyright, trademark or other legal or proprietary notices, author attributions, or other information such as origin or source of Content.
  • Access or attempt to access any Content that you are not authorized to access through any means not expressly made available through the Site or Services.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Content, systems, resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.
  • Create a false identity for the purpose of misleading others.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Content.
Charges
You shall pay all costs and charges you incur through your access or use of the Site, Content, and Services. The subscription fees for the AEPSi™ license(s) ordered by you shall be Brookes Publishing Co.'s current AEPSi™ prices as they may be adjusted and published from time to time. Charges for certain Services as well as for customized Services may be in addition to the charge for the license. In addition to the charge for licenses and Services, Brookes Publishing Co. will bill you for all applicable taxes imposed on the license and services. The most current AEPSi™ subscription prices, Service charges, and ordering information are set forth at www.brookespublishing.com/aeps and at www.aepsi.com.
All subscriptions to the Site and Services, except those on a free trial basis, are for an annual license and are based on the estimated number of child records you will be entering into the system for the subscription year. A child record is defined as any user-supplied and user-generated data associated with a single child/student including but not limited to contact and family information, assessments and assessment results, developmental progress reports, journal entries, and calendar events (hereinafter called "Child Record"). Charges for these estimated numbers of Child Records will be billed at the start of your subscription year. You may add Child Records during the year if the original estimate was insufficient. If your number of Child Records increases during the subscription year by 20% or less of the total number of Child Records bought at the outset, the balance due on additional Child Records will be billed at the end of the subscription year. If your number of Child Records increases during the subscription year by more than 20% of the total number of Child Records bought at the outset, Brookes Publishing Co. reserves the right to bill you at the time (and each time) the 20% limit is passed.
Brookes Publishing Co. expressly reserves the right to adjust the Site and Services and may from time to time add, modify, and/or withdraw Services. Prices are subject to change.
Brookes Publishing Co. reserves the right to impose a late fee of not greater than 1.5% per month for amounts due outstanding. If Brookes Publishing Co. does not receive full payment as set forth within the billing information, your access to the Site's Content and Services and to any data you have input will be discontinued until such time as the payment is received.
DISCUSSION BOARD SUBMITTED MATERIALS
Registered Users have the option to post messages, share thoughts and ideas, and ask questions of other Site users through the online Discussion Board. You are solely responsible for any information, ideas, or opinions you post or submit via the Site's discussion board ("Submitted Materials") and agree when posting or submitting such material that you will not:
  • Infringe upon other users' rights or privacy
  • Infringe upon any statutory copyright, common-law literary right, or proprietary right of any third party
  • Submit any materials or links that are scandalous, libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or in violation of the law or the Site's guidelines
  • Submit any confidential information or trade secrets owned by you or any other party
  • Submit any content, trademarks, or logos for which you do not own the rights or for which you do not have explicit authorization from the owner
  • Submit any content for commercial purposes or advertise or sell any goods or services
  • Distribute chain letters, surveys, or contests
  • Engage in, promote or discuss illegal activity
  • Post or submit any materials that may damage the operation of the Site or of a computer
Brookes Publishing Co. does not prescreen Submitted Materials or guarantee their accuracy, integrity, or quality; however, we reserve the right to remove any Submitted Materials from the Site for any reason without notice and in our sole discretion.
When you submit materials to the Discussion Board you grant us an irrevocable, nonexclusive, worldwide, royalty-free license to use, reproduce, publicly display, copy, edit, modify, translate, reformat, transmit, redistribute, or republish the Submitted Materials in any medium or form. For more information on how Brookes Publishing Co. may use Submitted Materials, please refer to the Privacy Policy aepsinteractive.com/privacypolicy.htm.
LINKS TO THIRD-PARTY WEBSITES
The Site, Content, Services, or Submitted Materials may include links to other third-party web sites outside of the Site ("Linked Sites") operated by individuals or entities that are not affiliated with Brookes Publishing Co. The Linked Sites are provided as a convenience to Site users, and the inclusion of such Linked Sites does not imply any endorsement by Brookes Publishing Co. of any Linked Site. Brookes Publishing Co. does not review, screen, or have responsibility for any content, products, or services that appear or are made available through any Linked Site. You assume full responsibility for your use of the Linked Sites and will not hold Brookes Publishing Co. liable for any direct or indirect damages or losses caused by your use of such Linked Sites.
PRIVACY
Information on how Brookes Publishing Co. protects the privacy of its Site users and of any personally identifiable information you provide through the Site is governed by our Privacy Policy, which can be found via a link from the home page of www.aepsi.com.
DOWNTIME
Brookes Publishing Co. has contracted with a Tier 1 managed host and will make best efforts to ensure that unscheduled downtime is minimal. From time to time, Brookes Publishing Co. will schedule downtime to make updates and/or repair the Site. Scheduled downtime will typically occur between 12:00 a.m. and 5:00 a.m. Eastern Time on Sundays but may occur at other times. Brookes Publishing Co. will notify users in advance of scheduled downtime.
It is impossible to ensure that the Site will operate with no unscheduled interruptions, or that data loss or unauthorized use will never occur. You should retain backup copies of all data that you input into the Site.
LIMITATION OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROOKES PUBLISHING CO. DOES NOT WARRANT THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BROOKES PUBLISHING CO. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
LIQUIDATED DAMAGES FOR LOSS OF DATA
If data furnished by you are lost, destroyed or impaired ("Loss"), then Brookes Publishing Co.'s liability and your sole remedy, if any, shall be that Brookes Publishing Co. will, to the extent reasonably possible, restore your data from Brookes Publishing Co. archives after receiving written notice of said Loss if Brookes Publishing Co. is notified within sixty (60) days of the Loss.
While Brookes Publishing Co. makes best efforts to protect your data and privacy, you are ultimately responsible for your own input and data. You should conduct regular backups and exports of data and are solely responsible for any mis-uses of data resulting from your own errors and omissions independent of the system.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BROOKES PUBLISHING CO., OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE AND ITS CONTENT OR SERVICES BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, SUCH AS BUT NOT LIMITED TO THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR BENEFITS WHETHER OR NOT FORESEEABLE OR IF BROOKES PUBLISHING CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) ANY ERRORS IN, OR OMISSIONS FROM, THE SITE; (ii) ANY THIRD-PARTY WEB SITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE SITE; (iii) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF; (iv) YOUR USE OF, OR INABILITY TO USE, THE SITE; (v) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE; OR (vi) ANY COMPUTER VIRUSES, WORMS, "TROJAN HORSES," OR ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, THE SITE BY ANY PERSON, GROUP, OR ORGANIZATION.
THIS SITE, CONTENT, AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BROOKES PUBLISHING CO. MAY MAKE CHANGES TO THE SITE, CONTENT, OR SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. ALTHOUGH BROOKES PUBLISHING CO. WILL MAKE EVERY EFFORT TO UPDATE THE SITE AS APPROPRIATE, SOME OF THE SITE'S CONTENT AND SERVICES MAY BE OUT OF DATE. BROOKES PUBLISHING CO. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
INDEMNIFICATION
You agree to indemnify and hold harmless Brookes Publishing Co. and its officers, agents, employees, licensors, and service providers from any and all claims, liabilities and expenses, including, without limitation, attorneys' fees and other legal expenses, whether tort, contract, or otherwise, relating to or arising out of: (i) any material or information that you may post or transmit on or through the Site; (ii) your access to or use of the Site, Content, or Services (including any use by your employees, contractors, or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site, Content, or Services); (iii) your connection to the Site, Content, or Services; (iv) your access to or use of Linked Sites and your connection thereto; or (v) any breach by you of these Terms of Use or applicable law or your violation of any rights of Brookes Publishing Co. or a third party.
TERMINATION
Registered Users may elect to permanently terminate their registration by calling Brookes Publishing Co. at 1-866-386-2666 ext. 2 or by e-mailing implementation@brookespublishing.com. Upon actual receipt of such notice, all Child Records, team information, and other personal information associated with you and/or your child(ren) will be promptly removed from the system. You will have the option, at such a time as you elect to terminate your registration, to export such data for your continued use.
Brookes Publishing Co. reserves the right to terminate your access to and use of this Site at any time and without notice. We will terminate your right to use the Site if you violate any of these Terms of Use or any other policy posted on the Site, if you use this Site for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.
GENERAL
These Terms of Use, and other rules, guidelines, licenses, and disclaimers posted via the Site or in connection with the Content and Services, including but not limited to Privacy Policy and License Agreement, constitute the entire agreement between Brookes Publishing Co. and you with respect to your access to or use of the Site, Content, and Services and supersede any prior agreements between you and Brookes Publishing Co. on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Brookes Publishing Co. regarding the use of specific Content or Services (including Service-specific terms of use) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement will prevail over any conflicting provisions of these Terms of Use. In the event of any discrepancies between these Terms of Use and the AEPSi™ License Agreement, the License Agreement will prevail. You may not assign or otherwise transfer the Terms of Use or any right granted hereunder without Brookes Publishing Co.'s prior written consent.
Headings and captions of the sections in these Terms of Use are for reference purposes only and will not be used to interpret or construe these Terms of Use. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Brookes Publishing Co. to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Notwithstanding any other provision of these Terms of Use or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or Brookes Publishing Co. will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.
GOVERNING LAW AND JURISDICTION
These Terms of Use and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the state of Maryland, U.S.A., without regard to its principles of conflicts of law. You agree that any action to enforce these Terms of Use will be brought in the state and federal courts located in the state of Maryland. You further agree to submit to the personal jurisdiction and venue of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defenses inconsistent with such venue.

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