Last updated on November 29, 2016.
Welcome and thank you for your interest in ReadTheory LLC (“ReadTheory” or “We” or “Us”), which operates the web site located at http://readtheory.org and related online services (the “Website” or “Site”). The following Terms of Service are a legal contract between you, the User, and ReadTheory regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”. Sometimes a distinction is made between “Teacher” and “Student” Users.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
By using this Site, you, the user, are agreeing to comply with and be bound by the following Terms. These Terms constitute the entire and only agreement between you and ReadTheory, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. These Terms may be amended by us at any time and at any frequency without specific notice to you. The latest Terms will be posted on the Site. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, do not use this site.
This site is free for use by all Users; however, all Users must create accounts. The Site is available to two different types of Users, who will have different types of accounts with different tools, functionalities and restrictions. For example, the Site may be accessed by educators and instructors (collectively, “Teachers”) teaching a class (“Class”) in which the students (“Students”) who use the Site will have their progress and account credentials monitored by the Teacher. Students can also create accounts and use the Site independently of any Teachers.
THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN. By using the Site, you affirm (a) that you are either (i) at least 13 years of age or (ii) your parent and/or guardian has consented to your use of the Site; and (c) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations. To this end, all Users signing up for new Student Accounts, as well as all Teacher Accounts creating Student Accounts on behalf of their students, shall review our Parental Information Flyer and keep this document for their records. Minors' continued use of the Site following parents' or guardians' review of our Parental Information Form is considered to constitute parental consent.
- Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws. The copying, reproduction, modification,distribution or publication of any such matters or any part of the Site is strictly prohibited without our express prior written permission.
- Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including these Terms.
- Code of Conduct. As a condition of use, you agree not to use the Site for any purpose that is prohibited by the Terms or by applicable law. Do not submit the work of others as your own work. Do not circulate the answers you have submitted or engage in other forms of academic cheating or deception. Do not attempt to harm or interfere with the Site, including but not limited to any actions violating any security features of the Site, introducing harmful code into the Site, or interfering with others’ use of the Site including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Site.
- Indemnification. You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Terms or use of the Site.
- Disclaimers. THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
- Limits. All responsibility or liability for any damages caused by harmful code, errors, or intrusions on the Site is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
- Third-Party Websites. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
- Third-Party Products and Services. We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
- Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Jurisdiction. This site is controlled by ReadTheory LLC in the State of North Carolina, USA. As such, the laws of North Carolina will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that any district courts in the State of North Carolina are an inconvenient forum or an improper forum based on lack of venue.