ReadWorks, Inc. Website Terms of Use

Introduction

Thank you for visiting ReadWorks! Please read these Terms of Use carefully as they govern your use of the Site, including the products and services provided when using the ReadWorks, Inc. websites and/or any mobile sites (we call these our "Site"). The Site is owned or controlled by ReadWorks, Inc. ("Company").

Eligibility: The Site is not available to any users previously removed by ReadWorks or to any persons under the age of 13 whose registration has not been approved by school personnel or a legal parent/guardian as permitted under these Terms. Parents and teachers that grant permission for their students to use our Site must adhere to these Terms and make sure all student users do as well. If you are a student, please review and follow these rules with a parent or teacher.

Your access or use of the Site in any way signifies that you have read, understood, and agree to be bound by these Terms of Use. By agreeing to these Terms, you additionally agree to be bound by our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to use the Site.

We may update this Site and these Terms. In that case, we will post the updated Terms and state the date of revision. If there are any material changes to the Terms, we will notify all users with a pop-up banner. Users will be able to give their consent by selecting “I agree” when prompted.

If you have any problems with the Site, let us know so we can help. You can email help@readworks.org for any technical questions or privacy concerns.

Student-Specific Terms of Use

Student users are also required to follow ReadWorks’ full Terms, where applicable.

• Cheating: It is not permitted for any student to create a teacher account, to impersonate a teacher, or to enter the teacher sections of the Site. It is also not permitted for any student to view question answers without their own teacher's permission.
  
• Posting: When answering free response and multiple choice questions, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Company. You also agree not to post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or exposes anything that you are under a contractual obligation to keep private or confidential. You will not impersonate any person or organization, including, without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization. You will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site.
  
• Copyright: ReadWorks, Inc. will share passages, question sets, activities, pictures, and logos with you while you are using the Site, but they are not yours to keep. You cannot copy, display, publish, distribute, modify or otherwise use any ReadWorks Content on the site for any purpose.
  
• Ownership: You understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or to any aspect of the Site or features therein.
  
• Use of Site: Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms or the law, or for any other reason. Company assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account. ReadWorks may also prevent your use of this Site with or without notice. You agree that you do not have any rights in this Site and that ReadWorks will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Full Terms of Use

• Use of Site: This Site is intended for use by individuals in the United States. Despite the global nature of the Internet, ReadWorks makes no claims that the Site is appropriate for or may be viewed or used outside the United States. By sending your information when using the Site, you consent to its transfer to and storage within the United States and its use in a manner consistent with these Terms. By accessing this Site in any way, including, without limitation, browsing, using any information, and/or submitting information to Company, you agree to and are bound by these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law.
  
• Copyright and Other Protections: Content on this Site, including passages, question sets, activities, graphics, photographs, images, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Company Content"), is the property of Company and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You may use the Site and the Company Content only in the manner and for the purposes specified in these Terms.
  
• Permitted Uses: You may include links to the ReadWorks website (called “Site” in the legal language of these Terms) to support use of our resources (e.g., in a district portal, on a school webpage, on a curated list of passage titles so users can access the passages from our site). In fact, we thank you for helping spread ReadWorks to more users! For the content on our site (called “Company Content” in the legal language of these Terms), you may use Company Content solely for your and/or your students’ educational, noncommercial purposes. This use is limited to accessing Company Content via our digital site and/or downloading and printing copies for students, employing the normal functions of your browser and provided that you retain all copyright and other proprietary notices associated with the content. (If you wish to use Company Content for scholarly purposes, please submit a request here.)
  
• Prohibited Uses: You may not modify any ReadWorks’ content (called “Company Content” in the legal language of these Terms), including rewriting passages or question sets. You may not include Company Content in a database, website, or electronic resource of any kind (as a reminder from the “Permitted Uses” section, you may include passage titles and links to access these passages from our site). You may not download, copy, display, publish, distribute, transmit, perform, or otherwise use or exploit any Company Content for any noneducational or commercial purpose, including in connection with products or services, including curricula, that are not those of Company. Finally, you may not use Company Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company's or its licensors' intellectual property rights. (If you wish to license Company Content, please email partnerships@readworks.org for our rate card.)
  
• Copyright Notifications: We take copyright very seriously and respect the intellectual property rights of others. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at help@readworks.org.
  
• Account Set-up and Use: Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. If you do submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Company; that you will only submit information about yourself; and that you will otherwise comply with these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available on the Site. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer. You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site. ReadWorks also may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice. ReadWorks may also prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that ReadWorks will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
  
• Third Party Websites: This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.
  
• reCAPTCHA: To ensure that you are not a robot trying to hack or spam our website, we use the reCAPTCHA API from Google. You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data and the results of integrity checks, and sending that data to Google for analysis.
  
• Indemnity: You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Site.
  
• Binding Arbitration: You and Company agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
  
• Representations: Company makes no representations about the reliability of the features of this Site, the Company Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content or User Content will be preserved.
  
• Limitations of Liability: THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
  
• Governing Law and Jurisdiction: These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New York County, New York, USA. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
  
• Integration and Severability: The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.