Effective Date: September 1, 2020
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) BEFORE USING THE SERVICES (AS DEFINED BELOW). THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT (AS DEFINED BELOW), OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.
Welcome to ReadingIQ® (ReadingIQ), which is owned and operated by Age of Learning, Inc. (Age of Learning). By purchasing a subscription to, registering an Account for, or using ReadingIQ, including all of the services provided therein, and any other websites, applications, and online services (Apps) that link to these Terms (collectively, the Services), including ABCmouse® for Schools, operated by our wholly-owned subsidiary Age of Learning for Schools, Inc. (AofL Schools), you acknowledge that you have read and you understand these Terms and agree to be bound by them. Age of Learning and its subsidiary AofL Schools are collectively referred to as we, our, us, or the Company. Both these Terms and separate terms of service or sale documents (Additional Terms) may apply to your use of the Services or to a sweepstakes, service, or product offered via the Services. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
In these Terms, you refers to Adult Users (as defined below) of the Services and purchasers of Accounts (as defined below). An Adult is a person of legal age who can enter into a contract in the state in which the User resides; by purchasing a Subscription to, registering for, or using the Services, you represent and warrant that you are an Adult and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.
Summary of Key Points
- By purchasing a subscription to, registering an Account for, or using the Services, you accept these Terms.
- Age of Learning currently offers the following types of accounts through the Services: Family Accounts, Teacher Accounts, Classroom-Linked Accounts, and Community Center Accounts (collectively, Consumer and Other Accounts).
- AofL Schools provides School Accounts for Educational Institutions (as defined below).
- In addition to these Terms, each Educational Institution will have a separate agreement with the terms and conditions covering the School Account. If you and your Child Users are accessing the Services through a School Account, the terms and conditions of that agreement may provide additional protections to you.
- Consumer and Other Accounts and School Accounts are collectively referred to as Accounts and the provisions within these Terms apply to all Accounts. Any difference in how Consumer and Other Accounts and School Accounts are treated will be identified accordingly within the Terms and any Additional Terms.
- By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends; and for Family Accounts, you authorize us to charge you for the subscription term unless you cancel your Account prior to its renewal date through the procedures described in Section 1 (C)(iii) (Subscription Cancellation).
- YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT as set forth in Section 6 B Arbitration and Dispute Resolution.
- Your use of the Services is AS IS without warranty and will result in no liability to us as set forth in Section 7 Disclaimer of Representations and Warranties and Section 8 Limitations of Liability.
1. Accounts, Passwords, and Payments
A. Account Types. Age of Learning offers the following Consumer and Other Accounts through the Services: Family Accounts, Teacher Accounts, Classroom-Linked Accounts, and Community Center Accounts. AofL Schools provides School Accounts, which are only for Educational Institutions. Users of the Services include Child Users (children or students under the age of 18 who use the child-directed learning portion of the Services) and Adult Users (parents and legal guardians of Child Users, Gift Account purchasers, teachers, and community center administrators).
(i) Family Accounts. Family Accounts are accounts offered by us, or through one of our affiliates, that are designed for home use and are not classified as another of the types of accounts mentioned in these Terms. A Family Account can have a maximum of four Users, which includes an Adult User and up to three Child Users that Adult Users add to the Family Account.
(a) Gift Accounts. We may offer the option of purchasing prepaid, nonrefundable, nontransferable access to a Family Account as a gift via digital access codes, physical gift cards, and such other methods to be employed by us (Gift Account). In these Terms, the person who purchases a Gift Account is the Purchaser. Upon purchase, the Purchaser will receive a Gift Account code that can be redeemed to activate a Family Account. Gift Account redemption codes must be redeemed by an Adult who can then set up and be responsible for the Family Account. Therefore, if you purchase a Gift Account, you represent and warrant that you will only provide the redemption code to an Adult. At the time of purchase, the Purchaser will choose the date the Gift Account is to be activated, provided that the activation date is not more than 90 days after the date on which the Gift Account is purchased. At the time of purchase, the Purchaser will also have the option to print out the Gift Account code receipt or have the Company email it to the child’s parent or legal guardian. The Purchaser shall provide a valid email address for such parent or legal guardian. The Company is not responsible for errors or delays as a result of incorrect email address(es) provided by the Purchaser. The Gift Account period will begin on either the date the Gift Account is redeemed or the Gift Account activation date, whichever is earlier. Discounts may be available for the purchase of multiple Gift Accounts, and all discounts or promotion codes, if any, are applied at the time of payment. Gift Accounts are not redeemable or refundable for cash, subject to applicable law.
Additionally, with parental or legal guardian consent, Teacher Accounts can be linked to a student’s Family Account, or parents or legal guardians with no Family Account can be given access through a separate limited access account (a Classroom-Linked Account) to their Child User(s)’ lessons that have been assigned by a Teacher. Doing either allows the student to complete his or her Teacher’s assignments outside the classroom, and linking a Family Account to a Teacher Account gives parents or legal guardians the opportunity to view their own Child User(s) overall progress in the Teacher Account (but not the progress of other Child Users). In addition, linking a Family Account to a Teacher Account allows the Teacher to view the progress that the student completes in the Family Account. However, when an Adult User links his or her Family Account to a Teacher Account, it counts as one of the four Users permitted in a Family Account.
Additionally, with parental or legal guardian consent, Community Center Accounts can be linked to a Child User’s Family Account, or parents or legal guardians with no Family Account can be given access to their Child User’s progress within a Community Center Account. Doing either allows Child Users to complete their assignments outside the community center and gives parents or legal guardians the opportunity to view the progress of their own Child User(s) in the Community Center Account (but not the progress of other Child Users). In addition, linking a Family Account to a Community Center Account allows the Administrator to view the Child User’s progress in the Family Account. However, when an Adult User links his or her Family Account to a Community Center Account, it counts as one of the four Users permitted in the Family Account.
B. Passwords and Account Access. Every Account has one designated Adult User who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree (i) that you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up to date; (ii) that you are solely responsible for all activities that occur under your Account; (iii) that you will notify us immediately of any unauthorized Account use; (iv) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (v) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account without notice to the ineligible User.
C. Account Fees. For certain types of Accounts, we may charge a fee, such as an Account, subscription, or Plan fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription or Plan period provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay any fees may result in your inability to access or use the Services.
For School Accounts, Educational Institutions are charged directly for the Services. If a parent or legal guardian of a student has a Family Account that is linked to a School Account, then we may temporarily stop charging the subscription fee for the Family Account while the School Account is active. If the School Account expires or terminates, then we may continue to charge an Account fee or subscription fee for that Family Account in accordance with the original payment and renewal terms of that Family Account. Additionally, for School Accounts, renewal and cancellation terms will be governed by a separate agreement between AofL Schools and the Educational Institution.
(i) Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us such as PayPal and Apple’s iTunes Store (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account and/or purchasing additional Services. You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the Services. If we do not receive payment from your Pay Mechanism, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
(ii) Subscription Renewal. By activating Consumer and Other Accounts, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends. For example: If you register for a free 30-day trial on February 1st, your subscription will automatically renew on March 1st, April 1st, and so on. However, when a date does not occur in a month, your Family Account will renew and be billed on the last day of that month. For example, if you activated a Family Account on January 31st, your next renewal and billing date will be on February 28th (or 29th in a leap year). For Family Accounts, you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the Subscription Cancellation section below. For Family Accounts, we will charge your Pay Mechanism each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new and certain former subscribers to try the service. Free trial eligibility is determined by Age of Learning at its sole discretion. Members of households with an existing or recent subscription to the Services may not be eligible. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.
(iii) Subscription Cancellation. To cancel any subscription and avoid future billing, unless you purchased your subscription through the iTunes Store, you may cancel such subscription prior to its renewal date through the My Account area in the Parent Section or by contacting our Customer Support team. If you contact Customer Support, please know that we endeavor to have customer requests handled within 24 to 48 hours; however, we cannot guarantee that your cancellation will be registered within that time period. If you downloaded our app through the iTunes Store, you must follow the cancellation instructions provided in the iTunes Store. For all Accounts, you will continue to have access to your Account for the period of time that has already been prepaid. Please note that if you are on a free trial and cancel your Account, access may be canceled immediately. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all of the installments having been paid, the period of time after cancellation that your Account will continue to be accessible will be calculated based on the nonpromotional/nondiscounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.
2. Services Ownership and License
A. Ownership. As between us and you, the Services (including past, present, and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties including ours (collectively, Trademarks); and (iii) other forms of intellectual property.
B. Limited License. Subject to your strict compliance with these Terms, any applicable Additional Terms, and your payment of any applicable Account fees or subscription fees, we grant you a limited, nonexclusive, revocable, nonassignable, and nontransferable license (License) to access, display, view, use, or play the Content on a personal computer, mobile phone, other wireless device, or other internet-enabled device (each, an Internet Device) for your personal, noncommercial use only (for example, Teachers may use Content from the Services for educating their students and other Users’ use is limited to personal use). The License does not give you any ownership of or any other intellectual property interest in any Content or the Services; and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us, our licensors, and other third parties. Except as expressly provided in these Terms or with Company’s prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
3. Content You Submit
We may allow the posting, recording, submission, or distribution of artwork, audio, or other content created by Users (User Content) on or through the Services. All rights to User Content including all intellectual property rights shall remain the exclusive property of the User. By posting, recording, submitting, or distributing User Content on or through the Services, you grant us a limited, nonexclusive, worldwide, fully paid, license to use, copy, distribute, display, transmit, and sublicense such User Content solely for the purposes of delivering the Services to you, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. If you are an Adult, you consent to the publication of any testimonials you send to us along with your name and other information you submit in connection with such testimonial.
4. Services and Content Use Restrictions
You agree that you will not do any of the following:
- engage in any activities including, without limitation, the uploading, posting, emailing, or transmitting of User Content, that (A) attempt to or do harm to us, the Services, or any others; (B) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us in our sole discretion; (C) violate any right of any third party including, without limitation, the uploading, posting, emailing, or transmitting of User Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right;
- reverse engineer, disassemble, or modify any source, object code, or any software or other products, services, or processes accessible through the Services; install any software, file, or code on the Services that is not authorized by Company; or attempt to do any of these things;
- engage in any activity that interferes with a User’s access to the Services or the proper operation of the Services;
- access or collect information from the Services using automated means (such as through scripts, robots, scrapers, or spiders);
- use any meta tags or other “hidden text” utilizing any of our Trademarks;
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content;
- use the Services for commercial or political purposes;
- disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including Child Users, without that party’s or for Child Users, their parent or legal guardian’s express consent; or
- otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
5. Linking to and from Our Services
A. Linking to or Framing Our Services. When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about, or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) no one may “frame” the Services or create a browser environment around any of the Content; and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
B. Links to Other Services and Third Parties. In line with our Child-Safe Guarantee, Child Users are blocked from accessing external links, which will be unblocked only if an Adult User enters his or her password. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services (including those that are linked to from the Services) are solely between you and the third party (including issues related to payments, delivery of goods, and warranties), and we disclaim all liability in connection therewith.
6. Governing Law/Jurisdiction
A. Governing Law/Jurisdiction. THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
B. Arbitration and Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Services, these Terms, or any Additional Terms (collectively, Dispute), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least 30 days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (i) a description of the Dispute and (ii) a proposed resolution (together, the Dispute Notice). If you want to raise a Dispute with Age of Learning, Inc., you must send your Dispute Notice by certified mail to P.O. Box 230, Glendale, California 91209, and address the Dispute Notice to Age of Learning, Inc. If you want to raise a Dispute with Age of Learning for Schools, Inc., you must send your Dispute Notice by certified mail to 101 N. Brand Blvd., 8th Floor, Glendale, California 91203. If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using the contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address that we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of California.
If you and the Company do not reach an agreed-upon resolution within 30 days of receipt of the Dispute Notice, you and the Company agree that the Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be heard and determined by a single neutral arbitrator who is a lawyer or retired judge, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. In resolving the Dispute, the arbitrator will consider applicable law, the provisions of these Terms and any Additional Terms, and any facts based upon the record and no other basis; and the arbitrator will issue a reasoned decision. If a party properly submits the Dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by JAMS, (formerly known as Judicial Arbitration and Mediation Services, Inc.) and determined by a single neutral arbitrator who is a lawyer or retired judge, using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service to which you and we consent. You can obtain AAA and JAMS procedures, rules, and fee information as follows:
(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator will resolve the submitted Dispute and can issue a decision consistent with this Section 6. However, WITH ARBITRATION, THERE IS NO JUDGE OR JURY; THE ARBITRATION PROCEEDINGS AND ARBITRATION ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; however, if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered into any court that has jurisdiction over the parties.
(ii) Small Claims Matters Are Excluded. Either of us may bring a qualifying claim of Disputes in small claims court.
C. Injunctive Relief. The foregoing provisions of this Section 6 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services including, but not limited to, claims related to patent, copyright, trademark, and trade secrets and claims relating to the access or retrieval of data through the Services using an automated process, such as scraping.
D. Timing of Claim. To help resolve any issues between you and us promptly and directly, you and the Company agree that any Dispute Notice must be sent or that any small claims or injunctive relief complaint permitted under this Section 6 must be filed within one year after the events giving rise to the Dispute occur; otherwise, the Dispute is waived.
E. No Class Actions. You and the Company agree that any Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
7. Disclaimer of Representations and Warranties
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, Company Parties), hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
- the Services (including the Content and the User Content);
- the functions, features, or any other elements on or made accessible through the Services;
- any products, services, or instructions offered or referenced at or linked through the Services;
- whether the Services (and their Content) or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
- the specific availability of the Services and whether any defects in the Services will be repaired or will be repaired in a particular time frame; and
- whether your use of the Services is lawful in any particular jurisdiction.
EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages including losses or damages in the form of lost profits, loss of goodwill, or loss of data that are directly or indirectly related to the following:
- the Services (including the Content and the User Content);
- your use of or inability to use the Services, or the performance of the Services;
- the failure of a Child User to learn or otherwise benefit educationally from their use of the Services;
- any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Services;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Services’ technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure, or any other technical or other malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against all losses, expenses, damages, and costs including reasonable attorneys’ fees, resulting from (A) your breach or alleged breach of these Terms; (B) your use of the Services or activities in connection with the Services; (C) your User Content; (D) your violation of any law, rule, or regulation; or (E) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any Child User you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Company Parties harmless for any damages that Company Parties suffer by the Child User’s disaffirmance.
10. Infringement Policy and Reporting Procedure
Company respects the intellectual property of others and asks that Users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is our General Counsel, who can be reached at firstname.lastname@example.org, or by postal mail at Age of Learning, Inc., P.O. Box 230, Glendale, California 91209.
11. Wireless Features
The Services may offer certain features and services that are available to you via your wireless Internet Device (collectively, Wireless Features). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.
12. Submission of Feedback
Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (A) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas; and (B) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.
13. General Provisions
A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to it including any Accounts or User Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide or if we have reasonable grounds to suspect that any information that you provide is false, inaccurate, or otherwise violates these Terms or any Additional Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services or upon notice from us, your License to use the Services will terminate immediately.
B. Communications. When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry; however, it may take us some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
C. Operation of Services; International Issues. We control and operate the Services from our headquarters in Glendale, California, USA. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply (for example, any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
D. Severability; Interpretation. If any provision of these Terms or any Additional Terms is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision; and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms and Additional Terms will not be construed against us because we drafted them.
E. Assignment. We may assign our rights and obligations under these Terms or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them.
F. No Waiver. No waiver by us of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Age of Learning, Inc.
G. Updates to Terms. We reserve the right to modify these Terms or any Additional Terms from time to time in our sole discretion (Updated Terms). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and if you have an Account, by displaying an alert next to the link to the Terms, by displaying an alert upon log in to the Services, or by directly communicating them to you (for example, via the email address associated with your Account) provided that (i) any modification to Section 6 related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification. If you do not cancel your Subscription to the Services within seven (7) days after receiving notice of Updated Terms as described above or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with and to be bound by the Updated Terms.
H. Contact Us. Age of Learning, Inc. and Age of Learning for Schools, Inc. are each located in the United States of America. Age of Learning, Inc. is the owner of Reading IQ and operates all of the Services for Consumer and Other Accounts. Age of Learning for Schools, Inc. holds licenses to sell, distribute, and operate ReadingIQ for Schools and School Accounts. Questions regarding the Terms and issues related to the Services or your Account should be directed to us via any of the following methods:
For Consumer and Other Accounts
Age of Learning, Inc.
Attention: Legal Department
P.O. Box 230
Glendale, CA 91209
Telephone Number: 800.633.3331
For School Accounts
Age of Learning for Schools, Inc.
Attention: Legal Department
P.O. Box 230
Glendale, CA 91209
Telephone Number: 833.246.7944