Testing Procedures and Requirements

Testing is available to homeschooled children in the United States. Public school students are not eligible for testing with Affordable Homeschool Testing Services (“Company”). Clients are responsible for ensuring their equipment and internet connection are adequate for web-based testing. Client understands and a

FAMILY CLIENT – TESTING AGREEMENT TERMS AND CONDITIONS

Homeschool Boss must assure that each Family Client executes a written Testing Agreement with terms and conditions respecting the Products and NWEA substantially similar to, and no less restrictive than, the following:

LICENSE GRANT: Homeschool Boss’s Family Client (the “Subscriber”) is hereby granted a limited, non- exclusive, non-transferable right and license to access and use the Products within the State in which the Subscriber is organized, authorized and resides (the “Subscriber Territory”) to provide non-commercial access to and use of NWEA’s MAP® Growth MAP® Reading Fluency and MAP® Accelerator assessments (referred to herein as the “Products”) to their homeschooled children¹ for the sole purpose of performing formative assessments and to receive personalized learning plans for those children and not for any selective enrollment test preparation purpose (the “License”). Without limiting the generality of the foregoing, the Subscriber acknowledges that NWEA (and, in the case of MAP® Accelerator, Khan Academy, Inc.) retains all rights under copyright and all other intellectual property rights in and to the Products, a n d all Items included in the Products. The Subscriber’s rights to access and use the Products shall terminate upon the earlier of (i) termination of the agreement between the Subscriber and Homeschool Boss granting this License, or (ii) termination of Homeschool Boss’s right and license to the Products. Subscriber acknowledges that after termination of this testing agreement for any reason, use of the Products is strictly prohibited and would constitute infringement of NWEA’s and/or Khan Academy’s proprietary rights. Homeschool Boss shall immediately discontinue Subscriber’s access to the Products upon termination of this testing agreement. Additionally, the license is subject to the Product-specific terms available at http://legal.nwea.org/msa_supplemental_terms.pdf or for MAP Accelerator the terms noted under the MAP Accelerator Terms heading below.

NWEA REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITY. NWEA represents that it has the right to grant this License. NWEA MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. NWEA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS FOR HOMESCHOOL USE.

NWEA WILL HAVE NO LIABILITY UNDER THE SUBSCRIBER’S AGREEMENT WITH COMPANY. IN NO EVENT SHALL NWEA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL NWEA BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO NWEA BY OR ON BEHALF OF THE SUBSCRIBER PURSUANT TO THE LICENSE OR THE SUBSCRIBER’S AGREEMENT WITH COMPANY DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

TESTING PROTOCOL.  Subscriber understands and agrees that test items in the Products are NWEA property, subject to all copyright protections under federal and state laws and must be kept confidential. Subscriber agrees to monitor and supervise his/her child(ren) throughout the test event and will ensure that no one copies, prints or otherwise distributes any test items in the Products. If Subscriber has any questions about testing support or interpreting and/or analyzing assessment results, Subscriber will contact Company directly.

STUDENT DATA. Subscriber acknowledges and agrees that because Homeschool Boss is aggregating multiple homeschool students under a single license to the Products, Homeschool Boss will control how user roles to the Products are configured for all its clients (including students, families and homeschool service providers). Many user roles for the Products allow the user to view student personally identifiable information for all students under the license. Homeschool Boss shall configure user roles in accordance with applicable data privacy laws and its data privacy policies to avoid unnecessary re-disclosure of student PII. If user roles are improperly assigned or maintained by Homeschool Boss, it is possible that Homeschool Boss’s clients may gain access to PII of another client.

Subscriber also acknowledges that if Subscriber in the future wishes to access the Products through a school or different entity (besides the Homeschool Boss), NWEA will not be able to disaggregate and port an End User’s data under such new license. Subscriber understands and assents to these limitations on the future accessibility of its assessment data.

MAP® Accelerator Terms. MAP Accelerator is provided by Khan Academy, Inc., a California 501(c)(3) organization (“Khan”), through Khan’s website located at http://khanacademy.org and related application programming interfaces (API’s), mobile applications, and online services (“Website”).

Parent consents and notices. Consent to use Student Personal Data in Website Accounts. MAP Accelerator is a service that provides personalized learning plans for students and other services and support for Subscribers, and is delivered through the Khan Academy Website. In the course of providing the Service, NWEA or the Homeschool Boss will provide Khan Academy with access to certain Student personal data, including data from educational records. Subscriber hereby grants permission for Homeschool Boss and NWEA to disclose to Khan data related to the use of MAP Accelerator (the “Service”), including, but not limited to, Student Education Records and Demographic Data, for Khan’s use in connection with MAP Accelerator and in Khan Website accounts established (or Linked) in connection therewith, and for research purposes, as further provided in the MAP Accelerator Terms. Subscriber acknowledges that any deidentified data will be maintained by Khan.

User Accounts

User Account Terms. Each student (“Student”), and each teacher or other similar instructional personnel (“Instructor”) enrolled in MAP Accelerator will be registered with an individual User Account on the Website. User Accounts and use of the Website are governed exclusively by the Khan Academy Website Terms of Service (“Website TOS”) and Privacy Policy as in effect from time to time. In addition to use in connection with the Service, User Accounts will enable Users to access Khan Academy’s standard features (educational videos and other educational content, exercises, and all other standard features) and are provided free of charge. Subscriber confirms that they are the parent or legal guardian of the minor child enrolled in the Service and has consented to Website TOS on behalf of the enrolled Student.

Use of Khan Academy Accounts After Subscription Term. Upon termination of the subscription for the Service, individual User Accounts for Students and Instructors will remain open and available for use for other educational purposes. Following any termination of the Service, administration of User Accounts will be handled by Khan Academy.

Parent Accounts. The Service does not include provision of accounts for parents or guardians of Student Users. Parents or guardians of Student Users may create parent accounts and associate the Parent account with their child’s Student User account using standard account features.

Passwords. Each User will register for a separate User Account. Accounts may not be shared or transferred among Users. Users are responsible for maintaining the confidentiality of each password registered for use of the accounts. Subscriber agrees to accept responsibility for all activities that occur under such accounts and passwords.

Permitted Use: Prohibited Conduct. The Homeschool Boss and each Subscriber may access and use the Service solely through their School Accounts, and solely for Subscriber’s educational purposes. Subscriber shall not, nor permit any of its authorized Users to, use the educational videos, exercises, user-readable source code or related supplementary materials made available on the Website, except as permitted under, and pursuant to, these terms and the Website TOS. Subscriber shall not, nor permit any of its authorized Users to, engage in any conduct using the Website that is “Prohibited Conduct” under the Website TOS.

Support. Khan Academy will provide direct support to Student Users with respect to use of the Website and related learning activity, as well as any available updates, enhancements, modifications, improvements, and maintenance services relating to the Service that are made available from time to time. Support for Instructors will be administered and provided by NWEA.

Research and Analysis.

Subscriber grants to Khan Academy the right to use rostering data, the personally identifiable assessment data and User account activity for purposes of educational research, analytics, efficacy studies and other analyses relating to development of its personalized learning products and services, including research and analyses that may be provided to or conducted jointly with NWEA. Subscriber acknowledges that any deidentified data will be retained by Khan Academy, including after termination of the subscription.

Limitations and Disclaimers.

Subscriber understands and agrees that Khan Academy is an intended third party beneficiary of the MAP Accelerator Terms. Without limiting the foregoing, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THE TESTING AGREEMENT AND ANY ASSOCIATED ORDER ALSO APPLY TO KHAN ACADEMY AS AN EXPRESS THIRD PARTY BENEFICIARY. IN ADDITION, DISCLAIMERS AND LIMITATIONS SET FORTH IN THE WEBSITE TERMS OF SERVICE APPLY TO USERS OF THE WEBSITE.

grees that test items in the Products are NWEA property, subject to all copyright protections under federal and state laws, and must be kept confidential. Client agrees to monitor and supervise his/her child(ren) throughout the test event and will ensure that no one copies, prints or otherwise distributes any test items in the Products. If Client has any questions about testing support or interpreting and/or analyzing assessment results, Client will contact Company directly at Sales@affordabletests.com .

Payment

All payments are due upon receipt. If a payment is not received or payment method is declined, the client’s appointment will be cancelled. If no payment is received, the appointment will not be honored.

Shipping Policies

We do not print or mail score reports. All reports are delivered via email as encrypted pdfs. Clients are responsible for acquiring the software required to access pdf files and for maintaining their email so they are able to receive the reports via email.

Refund/Return Policy

Clients are encouraged to review our refund and retesting policies. . In the event that the web-based test is unavailable or company is unable to provide testing services at the scheduled testing time, clients will be offered the option of rescheduling or receiving a complete refund. Company does not guarantee testing will be available as scheduled.

Cancellation

An appointment may be cancelled up until 24 hours before the scheduled appointment time. After that, clients should consult the retesting policy.

Complaints

Any complaints about testing, reports or proctors may be sent to our support team: service@affordabletests.com . There is no guarantee of a resolution. Each case will be looked at individually.

Legalities 

The seller is not responsible for any health or safety concerns due to testing. If any harm is incurred from the service purchased by the buyer, Company shares no responsibility. In no event shall Company be liable to client or any third party for any damages in excess of the fees paid to Company.

LICENSE GRANT: The Company’s Family Client (the “Licensee”) is hereby granted a limited, non-exclusive, non-transferable right and license to access and use the Products within the State in which the Licensee is organized, authorized and resides (the “Licensee Territory”) to provide non-commercial access to and use of NWEA’s MAP and MPG assessments (referred to herein as the “Products”) to their homeschooled children for the sole purpose of performing formative assessments of those children (the “License”). Without limiting the generality of the foregoing, the Licensee acknowledges that NWEA retains all rights under copyright and all other intellectual property rights in and to the Products, all Items included therein. The Licensee’s rights to access and use the Products shall terminate upon the earlier of (i) termination of the agreement between the Licensee and Company granting this License, or (ii) termination of Company’s right and license to the Products. Licensee acknowledges that after termination of this testing agreement for any reason, use of the Products is strictly prohibited and would constitute infringement of NWEA’s proprietary rights. Company shall immediately discontinue Licensee’s access to the Products upon termination of this testing agreement.
Licensee grants to NWEA the right to use rostering data and the personally identifiable assessment data in the Growth Research Database (“GRD”) for research studies. This permission will be in effect until Licensee provides notice to Company and NWEA to remove any personally identifiable data from the GRD; Licensee will send removal request to NWEA by emailing LegalServices@nwea.org. Licensee acknowledges that any deidentified data will be maintained by NWEA.

NWEA REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITY. NWEA represents that it has the right to grant this License. NWEA MAKES NO WARRANTY WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE. NWEA IS NOT RESPONSIBLE FOR THE VALIDITY, FAIRNESS OR QUALITY OF ASSESSMENTS FOR HOMESCHOOL USE.
NWEA WILL HAVE NO LIABILITY UNDER THE LICENSEE’S AGREEMENT WITH COMPANY. IN NO EVENT SHALL NWEA BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES. FURTHERMORE, NOTWITHSTANDING ANYTHING CONTAINED IN THE AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL NWEA BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE FEES PAID TO NWEA BY OR ON BEHALF OF THE LICENSEE PURSUANT TO THE LICENSE OR THE LICENSEE’S AGREEMENT WITH COMPANY DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.

TESTING PROTOCOL: Licensee understands and agrees that test items in the Products are NWEA property, subject to all copyright protections under federal and state laws, and must be kept confidential. Licensee agrees to monitor and supervise his/her child(ren) throughout the test event and will ensure that no one copies, prints or otherwise distributes any test items in the Products. If Licensee has any questions about testing support or interpreting and/or analyzing assessment results, Licensee will contact Company directly.

STUDENT DATA. Licensee acknowledges and agrees that because Company is aggregating multiple homeschool students under a single license to the Products, Company will control how user roles to the Products are configured for all its clients (including students, families and homeschool service providers). Many user roles for the Products allow the user to view student personally identifiable information for all students under the license. Company shall configure user roles in accordance with applicable data privacy laws and its data privacy policies to avoid unnecessary re-disclosure of student PII. If user roles are improperly assigned or maintained by Company, it is possible that Company’s clients may gain access to PII of another client.

Licensee also acknowledges that if Licensee in the future wishes to access the Products through a school or different entity (besides the Company), NWEA will not be able to disaggregate and port an End User’s data under such new license. Client understands and assents to these limitations on the future accessibility of its assessment data.