Terms & Conditions
Village Publishing does not support or condone use of tests or materials by unqualified individuals.
All orders must be paid in U.S. dollars.
Orders must be prepaid with a personal or bank check, money order, or credit/debit card.
No C.O.D.’s.
Customers are responsible for applicable duties and taxes, if any.
Test Security
Customer agrees to comply with the following basic principles of minimum test security:
Test takers must not be coached using the test or receive test answers before beginning the test.
Test materials (text, graphic images, or the oral reading of items) may not be displayed, reproduced, or performed (e.g., filming an administration) in any manner, electronically or otherwise, including posting on any mass media or social media site, without the prior written permission of Village Publishing.
Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
Test materials and scores may be released only to persons qualified to interpret and use them properly.
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.
To protect their security and value, test materials must not be resold, re-licensed, transferred, or otherwise redistributed for any purpose without prior written permission from Village Publishing.
Copyright and Use Agreement Summary
All materials in this catalog are copyrighted. Their reproduction or adaptation, in whole or in part without prior written permission from Village Publishing, is a violation of copyright law. This policy applies to all tests and all test materials, including quoted material found in manuals, brochures, or books. Submitting a completed order form or purchase order, or paying part or all of a Village Publishing invoice implies acceptance of these terms and conditions by the purchaser.
Copyrights, Trademarks, and Service Marks
Unless otherwise noted, all content and other materials appearing herein are protected as the copyrights, trade dress, trademarks, trade secrets, and/or other intellectual properties owned by Village Publishing or by other parties that have licensed their material to Village Publishing. The content of this catalog is copyrighted and any unauthorized use of that content may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use. Village Publishing and all other logos, identifiers, and product names appearing herein are registered trademarks, pending applications, and/or common-law marks of Village Publishing or their respective owners in the United States and foreign countries. Village Publishing trademarks may be used publicly only with permission of Village Publishing. Fair use of Village Publishing trademarks in advertising and promotion of Village Publishing products requires proper acknowledgment.
Terms and Conditions of Use
Please read the following carefully. These terms and conditions (“Terms of Use”) apply to all orders regardless of method of placing the order (whether by telephone, mail, fax, online, purchase order, e-mail, or any other method). If you do not accept these Terms of Use, please do not place an order with Village Publishing.
Ethical and Professional Obligations.
Village Publishing recognizes the importance of the ethical and professional obligations guiding assessment practices and the value of aligning our role as a publisher with those codifications. Village Publishing adheres to the Standards for Educational and Psychological Testing developed jointly by the American Educational Research Association (AERA), American Psychological Association (APA), and National Council on Measurement in Education (NCME). For more information regarding these ethical and professional obligations, please visit www.apa.org.
You agree that it is your responsibility to use any Village Publishing products offered for sale herein (“Products”) in accordance with applicable professional guidelines, including those developed by the American Educational Research Association (AERA), American Psychological Association (APA), and National Council on Measurement in Education (NCME). Violation of these Terms of Use may result in the revocation of your ability to purchase Products from Village Publishing. You understand and agree that Village Publishing Products are intended to be used as tools in the overall assessment process, and are not designed to be used alone or to replace your professional judgment. Village Publishing is not responsible for any claims or damages incurred in connection with your or any third party’s use or misuse of Products. You agree to guard against the improper use of Products in order to retain the right to purchase those Products.
No Translations or Alterations Permitted.
Purchasers of Village Publishing materials offered for sale herein agree that they will not make any translations of or alterations to said Village Publishing materials. Users and purchasers agree to use English-language materials only in English and only with clients whose primary language is English. Absolutely no translations -- including simultaneous translations, or “translations on the fly” -- from English materials are authorized by Village Publishing, and all such translations are expressly prohibited. Users and purchasers understand that any non-English use of English-language materials does not produce results consistent with those reported in the research literature or described in the test manual. Use of such nonstandard materials does not accord with standards of patient care and constitutes a misuse of the original materials. Further, non-English use of these materials is a violation of international intellectual property law and these Terms of Use and may subject you to legal action.
Geographical Restrictions.
Village Publishing may restrict the sale of certain Products or materials within specific geographic regions because of various contractual arrangements. If the Products or materials have been rightfully obtained within the United States, you warrant and represent that neither the Products or materials nor any technical data received from Village Publishing will be exported outside of the United States without the consent of Village Publishing.
No Warranties.
The Products, materials, and services offered for sale herein 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. In no event will Village Publishing be liable for any damages whatsoever (including, without limitation, those resulting from lost profits) arising out of use, inability to use, or the results of use of Village Publishing Products, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Notwithstanding the foregoing, the total liability of Village Publishing to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, shall not exceed the amount you have paid to Village Publishing.
Indemnification Upon Breach of Terms of Use.
To the extent permitted by law, you agree to hold harmless, indemnify, and defend Village Publishing from and against any and all claims, charges, demands, damages, 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 Village Publishing 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.
Requests for Permission to License Village Publishing Intellectual Property.
Requests to copy, translate, modify, or adapt any Village Publishing products must be in writing and e-mailed to villagepublishingstaff@gmail.com or mailed to Village Publishing PO Box 623 Furlong, PA 18925.
Applicable Laws.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct, or otherwise) and any claim relating to the content herein shall be governed by the internal substantive laws of the State of Pennsylvania. By placing an order, and therefore agreeing to these Terms of Use, you agree to be subject to personal jurisdiction in the federal and state courts within the State of Pennsylvania, in addition, you hereby accept and submit to the personal jurisdiction of these 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 within the State of Pennsylvania.
Waiver.
Failure by Village Publishing to enforce any part of these Terms of Use shall not constitute a waiver of any rights of Village Publishing under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Village Publishing nor the reliance of any person on actions by Village Publishing 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 Village Publishing will constitute a legal waiver.