Terms & Conditions

Thank you for your interest in using the online services operated by Reading.com (hereafter called "Reading", "We" or "Us"). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with reading.com (collectively, the "Service"), which are offered through (i) www.reading.com, (ii) mobile applications associated with www.reading.com, and (iii) any other Reading website, app or online service which links to these Terms of Service.

By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (the "Agreement"), and to the collection, processing, and sharing of your information as set forth in our Privacy Policy, available later in this document, whether or not you are a registered user of our Service. We reserve the right to modify this Agreement so long as it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service ("you" or "user"). If you open an account on behalf of a School, company, organization, or other entity, then "you" includes you and that entity.

A note about Student Data: This Service may be purchased by providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use our services for educational purposes. When We contract with a School to provide the Service, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. Such Student Data may, in some cases, contain information (e.g., gender, age range, location) that is considered sensitive under certain applicable United States ("US") state privacy laws. We consider Student Data to be strictly confidential and in general, do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. It is solely your responsibility to obtain the necessary and proper consent, where required by law, for you to use Student Data and for you to transfer Student Data to Us for our subsequent use. Our collection, processing, and sharing of Student Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws, including without limitation the Illinois Student Online Personal Protection Act ("SOPPA").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. THE SERVICE

The Service facilitates adults teaching children to read. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is" and that We assume no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service, deletion or loss of any data relating to the Service, or failure to obtain the proper consent to collect, use, and share Student Data with Us for our subsequent use.

We grant you a personal, non-transferable, and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software (as defined herein). You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Reading for use in accessing the Service.

To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a computer and modem or other access device.

2. ELIGIBILITY AND AUTHORITY

We do not sell the Service to children, only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, of the legal age in your jurisdiction, a child may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of a School. A School may impose additional policies regarding the use of the Service, with which the user must comply with.

If you open an account with Us to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact Us to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).

We do not knowingly collect personal data from children under 13 years old. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide any required legal consent on behalf of parents or have received appropriate consent for Us to offer the Service and to collect any information from students under 13 before allowing such students to access our Service. Use of the Services is conditioned upon Schools obtaining the proper parental and student consent, where necessary, for Schools to collect Student Data and to subsequently share that data with Us for our use. We assume no responsibility for failure to obtain proper and necessary consent. Therefore, we recommend that all Schools provide appropriate disclosures to students and parents and obtain appropriate consent regarding their use of service providers such as Reading and that they provide a copy of our Privacy Policy and the Children’s Privacy Policy to parents.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Reading has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Reading has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).

4. GENERAL ACCOUNT INFORMATION

Reading provides access to the Service to a subscriber in the form of an account subject to a fee. Each account is provided for a term and subscription price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms").

For Parent Accounts, the Account Terms will be identified in the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail) after downloading the application on the corresponding marketplace, the description of account terms accessible through the Reading website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of Reading. For School Accounts, the Account Terms are primarily identified in the then-current quote or sales contract for the account and the Teacher portal website.

Reading provides a variety of "account types" which may apply depending on the subscriber and the way an account with Us is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. We reserve the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of their account type.

Account Types:

• Parent Account — This type of account is purchased by or for a Parent so that an adult can use the subscription to aid in teaching a child to read and is generally only available for purchase through the website or a third-party app store using a credit card, debit card or any other accepted payment method. A Parent account typically includes child profiles that can be used by a Parent's child at the Parent's or an authorized adult’s direction. Parent Account subscriptions are generally for a term. The term is disclosed at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed by contacting Us. Parent Accounts automatically renew. The Parent and in case the user is not a Parent, the adult using this account, represents and warrants that they have the legal authority to act on behalf of the child. See Section 6 below for more information about automatic renewal and cancellation of automatically renewing accounts.
• School Account — A School Account is purchased by or on behalf of a school or district, such as by a teacher or administrator. School Accounts may generally be purchased either through our website, or by phone or e-mail. A School Account includes one or multiple teacher user(s) and a number of student users (which may vary depending on the purchase). A School Account is typically for a term of one year unless stated otherwise. The term is disclosed at the time of purchase. A School Account does not automatically renew. Action must be taken by the school or its authorized representative (e.g., teacher) to renew and continue using a School Account past the end of the term.

Quotes and Proposals: Any quotes or proposals provided by Us are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by Us at any time at our sole discretion. Quotes and proposals may include information that is proprietary and confidential to Us and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from Us you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from Us. To the extent that public records laws may apply to a quote or proposal provided by Us, you agree to immediately notify Us of any public records request that may result in disclosure of a Reading quote or proposal and provide Us all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with Us.

Payments: School Accounts have the option to make payment by credit card, check, or other methods at Reading's discretion (contact us for details). Payment must be received as stated on the invoice. If Reading does not receive payment within 30 days, the invoice is past due, and Reading reserves the right to suspend access to the affected School Account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. Reading reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.

Cancellation: Except as set forth below or otherwise agreed by Reading in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.

Reading permits early cancellations only in the following circumstances:

• In the event that the Service is permanently discontinued.
• Reading otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law.
• The parties agree that Reading's efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.

End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Service. However, Reading may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. You may contact us to request to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user's sole obligation to contact us to download such data before the conclusion of the term. Once the term of an account ends, Reading may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.

5. SCHOOL ACCOUNTS AND STUDENT DATA

This Section 5 applies to a School's use of the Service.

When Reading is used by a School for an educational purpose, Reading may collect or have access to Student Data that is provided by the School or by a student. "Student Data" is personal information that is directly related to an identifiable student. and may include "educational records" as defined by FERPA as well as "sensitive" Student Data as defined by applicable US state privacy laws.

The School or the student, and not Reading, owns and controls the Student Data. It is the School's responsibility to obtain proper consent to collect and control the Student Data, where necessary. You authorize Reading to access, collect, transmit, modify, display and store Student Data to provide the Service and as described in this Agreement and in our Privacy Policy.

Compliance with Laws. In the U.S., Reading may collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA, 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.

Use of Student Data. By submitting, providing us access to, or causing us to receive Student Data, you agree that Reading may use the Student Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the Parent’s consent. Reading is not responsible for obtaining proper consent to collect and use Student Data, including for Reading’s own use of such Student Data.

Use of De-Identified or Anonymized Student Data. You agree that both before and after the subscription term, Reading may collect, analyze, use, and retain data derived from Student Data as well as data about users’ access and use of the Service, for the purpose of operating, analyzing, improving, or marketing the Service, developing new products or services, conducting research or other purposes, provided that Reading may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.

Disclosure of Student Data and Third-Party Service Providers. You acknowledge and agree that Reading may provide access to Student Data to our employees and service providers who have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data. Reading shall not share Student Data with third parties other than as described in this Agreement and in the Reading Privacy Policy, or without consent of the School or parent.

Student Data Access and Deletion Requests. You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that Reading shall not be required to delete Student Data if prohibited by law.

A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. Reading is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.

Data Security and Breach Notification. We have implemented reasonable administrative, physical and technical safeguards designed to secure the personal information in Reading’s possession and control from unauthorized access, disclosure and use.

State Specific Terms. Additional terms may apply depending on the state a School is located.

5.1 Connecticut

This Section 5.1 applies to the use of the Service by Schools located in the State of Connecticut. The purpose of this Section 5.1 is to document compliance with applicable Connecticut state laws that may apply to the use of the Service by Schools in Connecticut, such as Conn. Gen. Stat. Ann. § 10-234aa-dd. This Section 5.1 incorporates by reference the definitions set forth in Conn. Gen. Stat. Ann. § 10-234aa.

If you open an Reading account to provide the Service to students in a School located in the State of Connecticut, you represent and warrant that you are authorized to do so on behalf of the local or regional board of education with authority over the School and that you are authorized to communicate with Reading on behalf of the local or regional board of education.

Reading and you shall comply with all applicable sections of Conn. Gen. Stat. Ann. § 10-234aa-dd. The following terms shall apply as required by Conn. Gen. Stat. Ann. § 10-234bb. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.1 shall apply.

• Student information, student records and student-generated content are not the property of or under the control of Reading.
• The local or regional board of education may request the deletion of any student information, student records or student-generated content in the possession of Reading by sending a request to [email protected]. As permitted by Conn. Gen. Stat. Ann. § 10-234bb(2), Reading is not required to delete information prohibited from deletion or required to be retained under state or federal law or stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by the contractor. Reading will, however, comply with requests for deletion of student information, student, records, or student-generated content that is restored from such disaster recovery storage systems.
• Reading will not use student information, student records and student-generated content for any purposes other than those authorized pursuant to this Agreement.
• A student, parent or legal guardian of a student may review personally identifiable information contained in student information, student records or student-generated content and correct erroneous information, if any, in such student record by contacting their School. Reading will respond to such requests in accordance with instructions sent by an authorized School representative to [email protected].
• Reading will take actions designed to ensure the security and confidentiality of student information, student records and student-generated content.
• Reading will promptly notify the local or regional board of education in accordance with the provisions of section 10-234dd when there has been an unauthorized release, disclosure or acquisition of student information, student records or student-generated content.
• Student information, student records or student-generated content shall not be retained or available to the contractor upon expiration of this Agreement. This restriction shall not apply to the extent that a student, parent or legal guardian of a student independently establishes or maintains an electronic account with Reading for the purpose of storing their student-generated content.
• Reading and the local or regional board of education shall ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.
• The laws of the state of Connecticut shall govern the rights and duties of Reading and the local or regional board of education.
• If any provision of this Section 5.1 is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the contract which can be given effect without the invalid provision or application.

5.2 New York

This Section 5.2 applies to the use of the Service by Schools located in the State of New York. The purpose of this Section 5.2 is to document compliance with New York state laws that may apply to the use of the Service by Schools in New York, such as New York State Education Law Section 2-d (Ed Law 2-d) and Part 121 of Title 8 of the Codes, Rules and Regulations of the State of New York (8 CRR-NY § 121). This Section 5.2 incorporates by reference the definitions set forth in Ed Law 2-d § 3 and 8 CRR-NY § 121.1.

If you open a Reading account to provide the Service to students in a School located in the State of New York, you represent and warrant that you are authorized to do so on behalf of the educational agency with authority over the School and that you are authorized to communicate with Reading on behalf of the educational agency.

Reading and you shall comply with all applicable sections of Ed Law 2-d and 8 CRR-NY § 121. The following terms shall apply as required by Ed Law 2-d § 5(b)(3) and 8 CRR-NY § 121.3, 121.6. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.2 shall apply.

8 CRR-NY § 121.6(a)(1): outline how the third-party contractor will implement all State, Federal, and local data security and privacy contract requirements over the life of the contract, consistent with the educational agency’s data security and privacy policy – Reading has implemented policies and procedures consistent with the New York State Education Department Data Privacy and Security Policy v1.0. It is the School’s responsibility to provide Reading with its data security and privacy policy if different than the New York State Education Department Data Privacy and Security Policy. Reading will review its policies and procedures against data security and privacy policies provided to it by educational agencies. In the event Reading’s policies and practices are not consistent with the educational agencies’ policies, Reading will take commercially reasonable efforts to achieve consistency.

8 CRR-NY § 121.6(a)(2): specify the administrative, operational and technical safeguards and practices it has in place to protect personally identifiable information that it will receive under the contract –Reading employs reasonable organizational and technical safeguards to prevent unauthorized access, use, alteration, or disclosure of personally identifiable information stored on systems under Reading’s control. Please see Section 8 of Reading’s Privacy Policy. School administrators may also request a copy of Reading’s Security Policies and Procedures.

8 CRR-NY § 121.6(a)(3): demonstrate that it complies with the requirements of section 121.3(c) of this Part –The Parent Bill of Rights, along with any other supplemental documentation relating specifically to your School, is included in this contract unless Reading and your School or District have entered into a separate signed written agreement regarding that subject matter. If your School does not have a Parent Bill of Rights, the New York State Parent Bill of Rights is applicable and is included in this contract.

8 CRR-NY § 121.3(c)(1) the exclusive purposes for which the student data or teacher or principal data will be used by the third-party contractor, as defined in the contract – to provide the Reading Service as set forth in this Agreement. Student data and teacher or principal data will not be used for any other purpose.

8 CRR-NY § 121.3(c)(2) how the third-party contractor will ensure that the subcontractors, or other authorized persons or entities to whom the third-party contractor will disclose the student data or teacher or principal data, if any, will abide by all applicable data protection and security requirements, including but not limited to those outlined in applicable State and Federal laws and regulations (e.g., FERPA; Education Law section 2-d) – Subcontractors and other authorized persons or entities will be provided such information pursuant to contractual obligations to maintain the confidentiality of such data in a manner consistent with this Agreement.

8 CRR-NY § 121.3(c)(3) the duration of the contract, including the contract’s expiration date and a description of what will happen to the student data or teacher or principal data upon expiration of the contract or other written agreement (e.g., whether, when and in what format it will be returned to the educational agency, and/or whether, when and how the data will be destroyed) – This Agreement will be in effect for a School so long as that School has an active subscription to the Reading Service. Upon expiration or termination of a School's subscriptions without renewal, Reading will delete student data and teacher or principal data in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact Reading at [email protected] to request additional information about our standard data retention schedule and available options for customizing Reading’s standard data retention schedule to meet individual School requirements.

8 CRR-NY § 121.3(c)(4) if and how a parent, student, eligible student, teacher, or principal may challenge the accuracy of the student data or teacher or principal data that is collected – Parents, students, eligible students, and teachers or principals may contact their School to exercise this right. Reading will cooperate with the School to effectuate such requests at the School’s direction.

8 CRR-NY § 121.3(c)(5) where the student data or teacher or principal data will be stored, described in such a manner as to protect data security, and the security protections taken to ensure such data will be protected and data security and privacy risks mitigated – Student data and teacher or principal data for Schools located in New York will be stored in the United States. Such data will be stored in a manner consistent with the NIST Cybersecurity Framework to mitigate against data security and privacy risks.

8 CRR-NY § 121.3(c)(6) address how the data will be protected using encryption while in motion and at rest – Reading will utilize a technology or methodology specified or permitted by the Secretary of the United States Department of Health and Human Services in guidance issued under section 13402(H)(2) of Public Law 111-5.

8 CRR-NY § 121.6(a)(4) specify how officers or employees of the third-party contractor and its assignees who have access to student data, or teacher or principal data receive or will receive training on the Federal and State laws governing confidentiality of such data prior to receiving access – Reading periodically provides training to its employees regarding data security and privacy obligations with respect to such data.

8 CRR-NY § 121.6(a)(5) specify if the third-party contractor will utilize sub-contractors and how it will manage those relationships and contracts to ensure personally identifiable information is protected – While Reading does not sub-contract portions of any particular contract with a customer, Reading does utilize vendors in the course of providing the Reading Service. Such vendors will only be provided personally identifiable information to the extent necessary for them to provide their contracted-for services and will be subject to obligations of confidentiality and security consistent with this Section 5.2.

8 CRR-NY § 121.6(a)(6) specify how the third-party contractor will manage data security and privacy incidents that implicate personally identifiable information including specifying any plans to identify breaches and unauthorized disclosures, and to promptly notify the educational agency – Reading will manage and respond to Security Events as set forth in Section 5 of this Agreement and Section 8 of the Privacy Policy. As required by Ed Law 2-d, Reading will notify the school of a Security Event in the most expedient way possible and without unreasonable delay.

8 CRR-NY § 121.6(a)(7) describe whether, how and when data will be returned to the educational agency, transitioned to a successor contractor, at the educational agency’s option and direction, deleted or destroyed by the third-party contractor when the contract is terminated or expires – Upon expiration or termination of a School’s subscriptions without renewal, Reading will delete student data and teacher or principal data in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact Reading at [email protected] to request additional information about our standard data retention schedule and available options for customizing Reading's standard data retention schedule to meet individual School requirements.

6. MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL

This Section 6 applies to accounts that have been created through the Service using a credit card, debit card or purchased through any marketplace for applications and automatically renew.

You can find specific details regarding your membership by contacting Reading at any time. As it relates to billing information, you will need to contact the relevant app store or the Stripe billing portal. You may also contact Us with any questions that you may have.

Billing and Automatic Renewals.

MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (MONTHLY OR YEARLY), UNTIL YOU CANCEL.

By starting your Reading membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly, or any such periods to be determined by Us and which will be informed to you from time to time before they come into effect) anniversary of your subscription date, and we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.

You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information on the corresponding app store or through Stripe as may be the case. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Cancellation must be through the method the subscription was purchased. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.

Note: In the event your monthly membership begins on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.

Cancellation of Automatic Renewals. You may cancel your Reading membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, if you have purchased your subscription through stripe please contact us at the following address, [email protected], with the subject line: Cancellation. If you have purchased your subscription through an application marketplace you must cancel the subscription using the marketplace.

Price Changes. We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).

Purchases through Third-Party Stores. If you purchased your Reading membership through a third-party store, such as through your Apple iTunes or Google Play account, portions of this Section may not apply to you. Because such a purchase is between you and the third-party store, and not Reading, you acknowledge and agree that Reading is not responsible for billing for your membership and is not responsible or liable for any claims relating to the billing of your purchase. If you have questions about membership or billing, you should contact the Apple iTunes store directly.

7. ACCOUNT PASSWORD AND SECURITY

For School Accounts, you will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Reading of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Reading cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.

Parent Accounts for the mobile app do not have login credentials. When a parent attempts to log in to their account after logging out or on a new device, they will receive an email with a link to verify their ownership of that account. If they do not have access to that email address, or they had a misspelling in the email address they gave to Us, they will not be able to log in to that account. Reading cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.

You are not authorized to share your Reading accounts unless express authorization is given by Reading.

To report security concerns involving our products, please contact our Customer Support team at [email protected]. Include as much detail as possible, including the nature of the incident, any affected systems or data, and the steps taken leading up to the incident. Our Security team will investigate the matter promptly and take appropriate action to address any security concerns. Thank you for your cooperation in helping us maintain a secure environment for our users.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the jurisdiction(s) in which you reside.

9. INDEMNITY

To the extent permitted by applicable law, you agree to indemnify and hold Reading, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (vi) your willful misconduct, or (vii) any other party's access and use of the Service with your device, or in the case of users of School Accounts, with log-in information, the unique username, password, or other appropriate security code. Reading reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us and you agree to cooperate with our defense of these claims.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. NOTIFICATION PROCEDURES AND MODIFICATIONS TO AGREEMENT

Reading may provide notifications, whether required or provided by law or otherwise, to you via e-mail notice, written or hard copy notice, or through posting of such notice on our website, as determined by Reading in our sole discretion.

Reading may, in its sole discretion, modify or update this Agreement from time to time, which will be reflected in the `date last modified´ set forth below. If we change this Agreement in a material manner, we will update the `Effective Date´ at the top of this page and notify you that material changes have been made to this Agreement. Your continued use of the Services following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Service.

Notwithstanding the foregoing, Reading shall not make any material change to the Terms that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.

In the event that you have entered into a signed, written agreement with Reading in addition to this Agreement, any changes to this Agreement will not be effective as to you until either (a) you affirmatively accept the changes to this Agreement, either electronically or in a signed writing or (b) upon renewal at the end of the current term of your account.

You will not be permitted to continue using the Service and Reading reserves the right to cancel your account without notice if you refuse or otherwise fail to accept changes made by Reading to this Agreement.

Notices that are required or permitted to be sent to Reading must be sent to the following mailing address by certified mail with a copy sent by e-mail.

Reading.com LLC
PO BOX 9241
San Juan, PR 00909
[email protected]

12. MODIFICATION OR TERMINATION OF SERVICE

Reading reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Reading shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, Reading's liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.

You agree that Reading, in its sole discretion, may suspend or terminate your access, account (or any part thereof), or use of the Service, for any reason, including, without limitation, for lack of use or if Reading believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that Reading may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that Reading shall not be liable to you or any third party for any termination of your access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other Internet websites or resources. Because Reading has no control over such sites and resources, you acknowledge and agree that Reading is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Reading shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

14. READING's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Reading or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. Any automated scraping, harvesting, indexing, mining, or any other extraction of any content from the Service is expressly prohibited.

The Service is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the content of the Service or any portion thereof by any means, including but not limited to electronic and print.

Reading reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. READING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

READING MAKES NO WARRANTY OR CONDITION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM READING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL READING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF READING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED COLLECTION, ACCESS TO, STORAGE OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

In no event shall Reading or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Reading Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the Reading Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. TRADEMARK INFORMATION

Reading and the Reading logo are registered trademarks of Reading. You agree not to use any Reading trademarks without the express advance written permission of Reading.

19. GOVERNING LAW AND VENUE

You agree that: (i) the Service shall be deemed solely based in Puerto Rico; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Puerto Rico. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Puerto Rico, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.

You agree to submit to the personal jurisdiction of the federal and state courts located in the Commonwealth of Puerto Rico for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Puerto Rico is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.

20. ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM READING. For any dispute with Reading, you agree to first contact Us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Reading has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at . The arbitration will be conducted in Puerto Rico, unless you and Reading agree otherwise. If you are a School or are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Reading from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

21. CLASS ACTION/JURY TRIAL WAIVER

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND READING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

22. ADDITIONAL TERMS FOR MOBILE APPLICATIONS

Mobile Applications, Generally. We may make available software to access the Service via a mobile device ("Mobile Applications"). To use a Mobile Application, you must have a mobile device that is compatible with at least one of the Mobile Applications. Reading does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Reading hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Reading User Account on one mobile device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (iv) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Reading may from time-to-time issue updates and upgrades, including but not limited to upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. By installing the Mobile Applications, you consent to the activation of the Mobile Application by Us, and to all future automatic upgrading and updating on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You can withdraw your consent at any time by uninstalling the Mobile Applications. To request assistance, please contact Reading support at [email protected].

You acknowledge and understand and agree that the Mobile Applications, and the Service (including any updates and upgrades) will (a) cause your device to automatically communicate with our servers to deliver the Service's functionalities (as described where you downloaded the Mobile Applications (such as iTunes and Google stores) (b) affect the app-related preferences or data stored in your device, and (c) collect personal information as set out in our Privacy Policy. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Reading or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Reading reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.

Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Reading, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Reading as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Reading as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Reading, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Reading acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and Reading only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Reading, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Reading's Google-Sourced Software.

23. GENERAL TERMS

This Agreement, together with any amendments and any additional agreements you may enter into with Reading relating to the Service, shall constitute the entire agreement between you and Reading and govern your use of the Service, superseding any prior agreements between you and Reading. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. This Agreement may only be superseded by a signed, notarized writing executed by an officer of Reading. The failure of Reading to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Except for actions for nonpayment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. We might make versions of this Agreement or one or more of our Policies available in languages other than English. If we do, the English version of this Agreement and any such Policies will govern our relationship and the translations are provided for convenience only and will not be interpreted to modify the English version of this Agreement or such Policies.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Last Updated: Friday, April 26, 2024