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Terms of Service (TOS) LAST UPDATED: AUGUST 8, 2011
PLEASE READ THESE TERMS OF SERVICE OF CAREFULLY BEFORE USING THE WWW.AWHOMETEST.COM WEBSITE
By using this site, you signify your assent to these Terms Of Service. If you do not agree to all of these Terms Of Service, do not use this site.
The AWHomeTest.com website (“Site”) may revise and update these Terms Of Service at any time. Your continued usage of the AWHomeTest.com website will mean you accept those changes.
INDEX
Privacy
Research
Use of Content
Liability and Warranty
User Submissions
Passwords and Account Access
Test Assignment or Purchase
Public Areas
Links to Other Sites
Indemnity
General
Jurisdiction
Copyright Information
Contact Us
The AWHomeTest website is the property of AccountabilityWorks, Inc. (“AW”). The contents of the AWHomeTest website, such as text, graphics, images, information obtained from AWHomeTest website's licensors, and other material contained on the AWHomeTest website ("Content") are for informational purposes only. Reliance on any information provided by AWHomeTest website, AW employees, others appearing on the Site at the invitation of AW, or other visitors to the Site is solely at your own risk.
Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18 without the supervision of a responsible adult or guardian. You accept responsibility for any breach of student privacy or confidentiality resulting from the actions or inactions of your use of this Site. You shall ensure that all use by children or students for which you are the responsible adult or guardian of the Site and its contents shall occur under your supervision. The AWHomeTest website is also governed by the AWHomeTest website Privacy Statement, as it may be amended from time to time by AW, which addresses additional privacy matters not discussed in these Terms of Service. To the extent there is an inconsistency between these Terms Of Service and the Privacy Statement, these Terms Of Service shall govern.
Research
You hereby grant permission to AccountabilityWorks to analyze and conduct research on test results and other data resulting from your use of the Site, such as for the purposes of monitoring and/or improving the effectiveness and performance of the Site and its contents. In no case shall the results of such research be released or published by AW in a manner that reveals individually-identifiable data for you or your children or students without express written permission. AWHomeTest may, from time to time, include as part of a test product new field test questions. The purpose of including such field test items will be to collect data for use in evaluating additional test questions that may be incorporated into future products. Student responses to such field test questions shall not be included in the calculation of student scores or included in reports accessible by you or your child or student.
Use of Content
This website authorizes you to view content and or download content on this website solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the website may be included elsewhere within the Site and are incorporated into these Terms Of Service by reference.
All content is protected by copyright under both United States and foreign laws. Title to all content remains with AW or its licensors. Any use of content not expressly permitted by these Terms Of Service is a breach of such Terms Of Service and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AW. All rights not expressly granted herein are reserved to AW and its licensors.
Liability and Warranty
You agree that use of this website and the Content is at your own risk.
When using this website, information will be transmitted over a medium that may be beyond the control and jurisdiction of AW. Accordingly, AW assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this website.
You acknowledge that the Site and its contents are of such complexity that they may have inherent defects and you agree that deviations from the description on the Site may exist. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AW MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AW DOES NOT WARRANT THAT ANY OR ALL FAILURES, DEFECTS OR ERRORS WILL BE CORRECTED, OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT AW HAS MADE NO REPRESENTATIONS REGARDING WARRANTY OR LIABILITY OTHER THAN AS STATED HEREIN.
In no event shall AW be liable to you or your affiliates or anyone else for any loss of or damage to revenues, profits or goodwill or other special, incidental, indirect or consequential damages of any kind, resulting from its performance hereunder or failure to perform hereunder, or resulting from the furnishing, performance, or use of the Site or other materials available to you hereunder, including, without limitation, any interruption of business, whether resulting from breach of contract, breach of warranty, or any other cause (including negligence), even if you have been advised of the possibility of such damages. Liability for damages shall be limited and excluded even if any exclusive remedy provided herein fails of its essential purpose. You hereby indemnify AW from and against any and all claims, liabilities, damages and costs (including legal fees and costs), relating to your use of the Site or any acts or omissions of you.
User Submissions
The personal information you submit to AW website is governed by the AWHomeTest website Privacy Policy, if any such policy is posted on the AWHomeTest website, as may be amended from time to time by AW. To the extent there is an inconsistency between these Terms Of Service and such Privacy Policy, these Terms Of Service shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including videos, articles, photos, blogs, message boards, postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any submission to a Public Area, you agree that you will not send or transmit to AWHomeTest website by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to a Public Area by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to AWHomeTest website by email, you automatically grant or warrant that the owner of such content or intellectual propertyhas expressly granted AW a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AW may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to AW by email. We try to answer every email in a timely manner, but are not always able to do so.
To protect your privacy, you agree that you will not submit to any Public Area any media that contains personally identifiable information(like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the AWHomeTest site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind thatcontain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms Of Use or the AWHomeTest Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any media like a photo or video, (a) you grant to AW a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media and to allow AWHomeTest.com subscribers and customers to do the same; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes AW to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify AW and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with the terms described herein.
AW reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords and Account Access
The AWHomeTest Site has several tools that allow you to record and store information, including, but not limited to, student test results and other identifiable student data. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AWHomeTest website passwords or accounts, including the “parent” account as well as any “student” accounts you create. It is your sole responsibility to (1) control the dissemination and use of user names and passwords; (2) authorize, monitor, and control access to and use of your AWHomeTest website accounts and passwords; and (3) promptly inform AWHomeTest of any need to deactivate an account. You grant AW and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. AW cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using AWHomeTest tools and services.
Test Assignment or Purchase
If you choose to assign or purchase a test, the following additional terms of service will apply. You should be aware that AWHomeTest test assignments and purchases are not intended or designed to attract children under the age of 18 without the supervision of a responsible adult or guardian.
INFORMATION YOU SUBMIT OR OBTAIN: You are using an AWHomeTest test assignment or purchase, as well as applicable test results and instructional recommendations, at your own risk and you are personally responsible for verifying their suitability for your needs or the needs of your children or students.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you purchase a test. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your test purchase account at the prices then in effect, including any unauthorized charges incurred prior to your notifying AWHomeTest of such charges. You agree that AW may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your test purchase. All test purchase charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. AW reserves the right to modify or terminate discount promotions, change prices, or institute new charges for any new test purchase on AWHomeTest at any time without advance notice.
ACCOUNT TERM: Unless specified otherwise on the AWHomeTest Site or by electronic notification to you at the email address associated with your account, your account on the AWHomeTest Site will remain active until such as time as you notify AWHomeTest that you wish to cancel it. You are responsible for maintaining the security of all usernames and passwords associated with your account, including any student accounts you create, until such time as you account is cancelled.
CANCELLATION: You may request cancellation of your AWHomeTest account at any time. Once your account is cancelled, you will no longer be able to login or access any of the information in your account. Cancellations become effective once you receive an email notification from AWHomeTest that your account is cancelled or no longer active. We make every effort to fulfil cancellation requests within 3 business days or less, but due to volume may not always be able to do so.
You may request cancellation of your account on the AWHomeTest website as follows:
Send an email to customerservice@awhometest.com from the email account associated with your AWHomeTest account (located in your account profile) and indicate within the body of the message your intent to cancel. Be sure to include your first and last name, user name and email address.
AWHomeTest Site and Member to Member Areas ("Public Areas")
If you use a Public Area, such as a chat room, message boards, blogs or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AW and its licensors and agents are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms Of Service:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AccountabilityWorks in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of AW, exposes AW or any of its customers or suppliers to any liability or detriment of any type.
AW reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communications.
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms Of Service.
4. Terminate a user's access to any or all Public Areas and/or the AccountabilityWorks Site upon any breach of these Terms Of Service.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communications posted on the AWHomeTest Site, regardless of whether such communications violate these standards.
AW, its agents and its licensors have no liability or responsibility to users of the AWHomeTest Site or any other person or entity for performance or nonperformance of the aforementioned activities
Links to other sites
The AWHomeTest Site may provide links to third-party web sites. AW also may select certain sites as priority responses to search terms you enter and AW may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AW does not recommend and does not endorse the content on any third-party websites. AW is not responsible for the content of linked third-party sites, sites framed within the AWHomeTest website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of service for such sites.
Indemnity
You agree to defend, indemnify, and hold AW, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms Of Service.
General
AW is based in Bethesda, Maryland, in the United States of America, with its principal offices in Bethesda, Maryland. AW makes no claims that the AWHomeTest Site and its Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AWHomeTest Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with AW, or in any way relating to your use of the AWHomeTest Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving AW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms Of Service are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms Of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms Of Service, which shall remain in full force and effect. No waiver of any of these Terms Of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and takedown procedures; and copyright removal request
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting AW and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
For copyright issues relating to this website, please send your removal request to AW at:
contact@awhometest.com
Alternatively, you can mail your copyright removal request to:
AccountabilityWorks
6701 Democracy Blvd., Suite 300
Bethesda, MD 20817
In an effort to protect the rights of copyright owners, AW maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Contact Us
If you have an AWHomeTest account, all questions or comments regarding the AWHomeTest website should be directed by electronic mail from the email address associated with your account (located in your account profile) to customerservice@awhometest.com
If you do NOT have an AWHomeTest account, all questions or comments regarding the AWHomeTest website should be directed by electronic mail to contact@awhometest.com.
We try to answer every email in a timely manner but are not always able to do so.
We hope you find the AWHomeTest Site helpful and convenient to use!
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