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Readability - Terms of Use
Last Updated: January 3, 2020

Readability provides parents tools to help their children with reading. The following Terms of Use outline your obligations when using Readability websites, mobile applications, technology and services. In these Terms of Use, Readability is referred to as “Readability,” “we,” “us,” or “our”; and you are referred to as “you” or “your.”

1. ACCEPTANCE OF TERMS

The Readability Internet site available at www.ReadabilityTutor.com, the Readability mobile application, all related sites and mobile applications, and the various content, features, technology and services offered on and in connection with these sites and applications (collectively, the "Sites and Services") are owned and operated by Readability and can only be accessed and used by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. MODIFICATIONS OF TERMS OF USE

Readability may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Readability notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3. USE OF THE SITES AND SERVICES

Subject to full compliance with these Terms of Use, Readability grants you a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their Content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Readability. Readability may modify, update, suspend or discontinue the Sites and Services, in whole or in part, in its sole discretion for any or no reason, at any time and with or without notice. Readability shall not be liable to you or any other party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any Content, you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Readability. As used herein, “Content” means any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials, that are submitted to or accessed from Readability and/or its Sites and Services. By way of example, and not as a limitation, you agree not to:

a.intentionally or unintentionally violate these Terms of Use, other applicable agreement with Readability, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

b.use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

c.use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

d.reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose, without the express written consent of Readability, which consent may be withheld by Readability in its sole discretion;

e.post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Readability’s infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;

f.harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Readability, or otherwise attempt to mislead others as to the identity of the sender or the origin of Content you submit;

g.knowingly provide or submit false or misleading information;

h.use the Sites and Services if you are under the age of eighteen (18) without the supervision of a parent or guardian;

i.take any action that would undermine the review and rating process under the Sites and Services;

j.attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;

k.use the Sites and Services in any way that could interfere with the rights of Readability or the rights of other users of the Sites and Services;

l.attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Readability by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;

m.sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

n.transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;

o.access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;

p.probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, or breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Readability, including any Readability account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification information or information other than your own information, except as expressly authorized by Readability and provided for by the Sites and Services; or

q.reverse engineer, decompile, or disassemble any of the Sites and Services by any means whatsoever, or alter, modify, or create a derivative work of the Sites and Services. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Sites and Services.

READABILITY TUTOR ACCOUNT AND OTHER READABILITY TUTOR SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms of Use.

REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Readability with true, accurate, current and complete information as prompted by the Readability registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and you are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination in Readability’s sole discretion. Please contact us if you have questions about managing multiple accounts.

SUBMITTING CONTENT

As a condition of you submitting any Content or other materials to the Sites or Services, you agree that:

a.you (i) grant to Readability a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, and publicly display such Content, create derivative works from such Content, and incorporate such Content into other works; (ii) grant to Readability all rights necessary to publish or refrain from publishing your name and address in connection with Content you submit to Readability; (iii) grant to Readability the right to sublicense the foregoing Content and related rights through multiple tiers, and (iv) acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;

b.you grant to Readability all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

c.you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Readability, and others as described and otherwise contemplated in these Terms of Use;

d.you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;

e.you are solely responsible for your reviews and ratings;

f.Readability may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;

g.you will not submit any reviews that may be considered by Readability, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable, or that violate any relevant law or right of any other party;

h.you will not submit reviews that comment on other users or the reviews of other users;

i.you will not submit reviews with hyperlinks; and

j.the reviews and ratings that you provide do not reflect the views of Readability, its officers, managers, owners, employees, agents, designees or other users.

8. PUBLICATION AND DISTRIBUTION OF CONTENT

Readability cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Readability acts as a passive conduit and an interactive computer service provider with respect to the publication and distribution of user-generated Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that Readability does not control, and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that Readability has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, Readability reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Sites and Services, you agree that it is solely your responsibility to evaluate and bear any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will Readability be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Readability or any of its affiliates relating to Content, and you release Readability and its affiliates from any and all liability for or relating to any Content. Readability has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to support@ReadabilityTutor.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that Readability may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Readability has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Readability has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. TERMINATION OF ACCESS

Readability may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Readability reserves the right to take all actions, technical, legal or otherwise, to block, nullify or deny your ability to access the Sites and Services. You understand that Readability may exercise these rights in its sole discretion, and these rights shall be in addition to and not in substitution for any other rights and remedies available to Readability.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

10. INTELLECTUAL PROPERTY

The Sites and Services are protected by copyright, trademark, and other intellectual property laws and regulations. Readability owns the entire right, title and interest in and to the Sites and Services and in and to any and all associated intellectual property rights, worldwide.

Readability, and other Sites and Services’ graphics, images, logos, designs, page headers, button icons, scripts, domain names, trade names, service names and other source identifiers are the trademarks, service marks, and trade dress of Readability in the United States and foreign countries. You are not permitted to use such trademarks, trade dress or other intellectual property rights of Readability, including as part of other trademarks and/or domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and materials made available on the Sites and Services is protected by copyright law and/or other intellectual property law. Aside from user-submitted Content and third party content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Readability and/or its licensors and are protected by all United States and international copyright and other intellectual property laws.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Readability respects the intellectual property rights of others. It is our policy to respond expeditiously to legitimate claims of copyright infringement and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, or other notices of intellectual property infringement, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.

Notifying Readability of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at info@energydatametrics.com that sets forth the information specified by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;

d.your address, telephone number, and email address;

e.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing Readability with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” info@energydatametrics.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

12. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Readability is not responsible for any delays, failures or other damage resulting from such problems.

13. USER FEEDBACK

Readability appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested in writing. Although we do value your feedback on our Sites and Services, please do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Readability. In addition, none of the Submissions will be subject to any obligations of confidentiality and Readability will not be liable for any future use or disclosure of such Submissions by Readability or any other party.

14. WARRANTIES AND DISCLAIMERS

You acknowledge that Readability has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release Readability and its affiliates from all liability arising from your having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Readability makes no representations concerning any content contained in or accessed through the Sites and Services, and Readability will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Readability makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER READABILITY, NOR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, USE, DISCLOSURE, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF READABILITY, ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 READABILITY OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, READABILITY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES AND SERVICES SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF READABILITY AND ITS AFFILIATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

READABILITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND READABILITY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Readability has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Readability and its affiliates from all liability for you having acquired or not acquired Content through the Sites and Services. Neither Readability nor any of its affiliates makes any representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and neither Readability nor any of its affiliates will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because Readability has no control over such sites and resources, you acknowledge and agree that Readability is not responsible for the availability of such external sites or resources, and Readability 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 neither Readability nor any of its affiliates shall 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.

15. INDEMNITY

You agree to indemnify, defend and hold harmless Readability, its affiliates, and their officers, directors, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Readability or that you submit, transmit or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Readability will have sole control of the defense of any such damage or claim.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT READABILITY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF READABILITY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY READABILITY OR THE FAILURE OF READABILITY TO PROVIDE THE SITES AND SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT READABILITY, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the Content on the Sites and Services has significant value to Readability and that the damage caused to Readability for any violation of these Terms of Use pertaining to such Content will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Readability’s damages for the specified breaches of these Terms of Use:

a.If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Thousand Dollars ($1,000) for each time that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited Content for any purpose.

b.Except to the extent that Readability exercises its rights under the foregoing subparagraph (a), inclusive, you agree to pay the actual damages suffered by Readability, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

18. NOTICE

By use of the Sites and Services, you consent to receive electronic communications from Readability (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Readability may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to Readability will be provided by either sending: (i) an email to info@energydatametrics.com; or (ii) a letter, first class certified mail, to Readability, Readability Division, 6700 E. Pacific Coast Highway, Suite 201, Long Beach, California 90803, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

19. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Readability. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Readability regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Readability under these Terms of Use.

20. GOVERNING LAW

These Terms of Use and the relationship between you and Readability will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that Readability may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

21. MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with Readability, Readability may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Readability's remedies are cumulative and not exclusive. Failure of Readability to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Readability's prior written consent. We may transfer, assign or delegate the rights and obligations under these Terms of Use in whole or in part without your consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Readability as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the parties released under Sections 8 and 14 shall be an intended third party beneficiary of these Terms of Use.

22. CONTACTING US

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at info@readabilitytutor.com. We will address any issue to the best of our abilities.

Readability Terms of Use
Last Updated: January 3, 2020

Readability provides parents tools to help their children with reading. The following Terms of Use outline your obligations when using Readability websites, mobile applications, technology and services. In these Terms of Use, Readability is referred to as “Readability,” “we,” “us,” or “our”; and you are referred to as “you” or “your.”

1. ACCEPTANCE OF TERMS

The Readability Internet site available at www.ReadabilityTutor.com, the Readability mobile application, all related sites and mobile applications, and the various content, features, technology and services offered on and in connection with these sites and applications (collectively, the "Sites and Services") are owned and operated by Readability and can only be accessed and used by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. MODIFICATIONS OF TERMS OF USE

Readability may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Readability notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3. USE OF THE SITES AND SERVICES

Subject to full compliance with these Terms of Use, Readability grants you a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their Content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Readability. Readability may modify, update, suspend or discontinue the Sites and Services, in whole or in part, in its sole discretion for any or no reason, at any time and with or without notice. Readability shall not be liable to you or any other party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any Content, you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Readability. As used herein, “Content” means any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials, that are submitted to or accessed from Readability and/or its Sites and Services. By way of example, and not as a limitation, you agree not to:

a.intentionally or unintentionally violate these Terms of Use, other applicable agreement with Readability, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

b.use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

c.use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

d.reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose, without the express written consent of Readability, which consent may be withheld by Readability in its sole discretion;

e.post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Readability’s infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;

f.harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Readability, or otherwise attempt to mislead others as to the identity of the sender or the origin of Content you submit;

g.knowingly provide or submit false or misleading information;

h.use the Sites and Services if you are under the age of eighteen (18) without the supervision of a parent or guardian;

i.take any action that would undermine the review and rating process under the Sites and Services;

j.attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;

k.use the Sites and Services in any way that could interfere with the rights of Readability or the rights of other users of the Sites and Services;

l.attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Readability by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;

m.sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

n.transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;

o.access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;

p.probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, or breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Readability, including any Readability account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification information or information other than your own information, except as expressly authorized by Readability and provided for by the Sites and Services; or

q.reverse engineer, decompile, or disassemble any of the Sites and Services by any means whatsoever, or alter, modify, or create a derivative work of the Sites and Services. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Sites and Services.

5. READABILITY TUTOR ACCOUNT AND OTHER READABILITY TUTOR SERVICES

When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms of Use.

6. REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Readability with true, accurate, current and complete information as prompted by the Readability registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and you are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination in Readability’s sole discretion. Please contact us if you have questions about managing multiple accounts.

7. SUBMITTING CONTENT

As a condition of you submitting any Content or other materials to the Sites or Services, you agree that:

a.you (i) grant to Readability a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, and publicly display such Content, create derivative works from such Content, and incorporate such Content into other works; (ii) grant to Readability all rights necessary to publish or refrain from publishing your name and address in connection with Content you submit to Readability; (iii) grant to Readability the right to sublicense the foregoing Content and related rights through multiple tiers, and (iv) acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;

b.you grant to Readability all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

c.you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Readability, and others as described and otherwise contemplated in these Terms of Use;

d.you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;

e.you are solely responsible for your reviews and ratings;

f.Readability may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;

g.you will not submit any reviews that may be considered by Readability, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable, or that violate any relevant law or right of any other party;

h.you will not submit reviews that comment on other users or the reviews of other users;

i.you will not submit reviews with hyperlinks; and

j.the reviews and ratings that you provide do not reflect the views of Readability, its officers, managers, owners, employees, agents, designees or other users.

8. PUBLICATION AND DISTRIBUTION OF CONTENT

Readability cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Readability acts as a passive conduit and an interactive computer service provider with respect to the publication and distribution of user-generated Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that Readability does not control, and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.

You further acknowledge that Readability has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, Readability reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Sites and Services, you agree that it is solely your responsibility to evaluate and bear any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will Readability be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Readability or any of its affiliates relating to Content, and you release Readability and its affiliates from any and all liability for or relating to any Content. Readability has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to support@ReadabilityTutor.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that Readability may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Readability has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Readability has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. TERMINATION OF ACCESS

Readability may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Readability reserves the right to take all actions, technical, legal or otherwise, to block, nullify or deny your ability to access the Sites and Services. You understand that Readability may exercise these rights in its sole discretion, and these rights shall be in addition to and not in substitution for any other rights and remedies available to Readability.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

10. INTELLECTUAL PROPERTY

The Sites and Services are protected by copyright, trademark, and other intellectual property laws and regulations. Readability owns the entire right, title and interest in and to the Sites and Services and in and to any and all associated intellectual property rights, worldwide.

Readability, and other Sites and Services’ graphics, images, logos, designs, page headers, button icons, scripts, domain names, trade names, service names and other source identifiers are the trademarks, service marks, and trade dress of Readability in the United States and foreign countries. You are not permitted to use such trademarks, trade dress or other intellectual property rights of Readability, including as part of other trademarks and/or domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and materials made available on the Sites and Services is protected by copyright law and/or other intellectual property law. Aside from user-submitted Content and third party content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Readability and/or its licensors and are protected by all United States and international copyright and other intellectual property laws.
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11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Readability respects the intellectual property rights of others. It is our policy to respond expeditiously to legitimate claims of copyright infringement and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, or other notices of intellectual property infringement, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.

Notifying Readability of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at info@energydatametrics.com that sets forth the information specified by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;

d.your address, telephone number, and email address;

e.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing Readability with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” info@energydatametrics.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

12. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Readability is not responsible for any delays, failures or other damage resulting from such problems.

13. USER FEEDBACK

Readability appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested in writing. Although we do value your feedback on our Sites and Services, please do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Readability. In addition, none of the Submissions will be subject to any obligations of confidentiality and Readability will not be liable for any future use or disclosure of such Submissions by Readability or any other party.

14. WARRANTIES AND DISCLAIMERS

You acknowledge that Readability has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release Readability and its affiliates from all liability arising from your having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Readability makes no representations concerning any content contained in or accessed through the Sites and Services, and Readability will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Readability makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER READABILITY, NOR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, USE, DISCLOSURE, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF READABILITY, ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 READABILITY OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, READABILITY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES AND SERVICES SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF READABILITY AND ITS AFFILIATES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

READABILITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND READABILITY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Readability has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Readability and its affiliates from all liability for you having acquired or not acquired Content through the Sites and Services. Neither Readability nor any of its affiliates makes any representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and neither Readability nor any of its affiliates will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because Readability has no control over such sites and resources, you acknowledge and agree that Readability is not responsible for the availability of such external sites or resources, and Readability 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 neither Readability nor any of its affiliates shall 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.

15. INDEMNITY

You agree to indemnify, defend and hold harmless Readability, its affiliates, and their officers, directors, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Readability or that you submit, transmit or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Readability will have sole control of the defense of any such damage or claim.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT READABILITY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF READABILITY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY READABILITY OR THE FAILURE OF READABILITY TO PROVIDE THE SITES AND SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT READABILITY, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the Content on the Sites and Services has significant value to Readability and that the damage caused to Readability for any violation of these Terms of Use pertaining to such Content will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Readability’s damages for the specified breaches of these Terms of Use:

a.If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Thousand Dollars ($1,000) for each time that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited Content for any purpose.

b.Except to the extent that Readability exercises its rights under the foregoing subparagraph (a), inclusive, you agree to pay the actual damages suffered by Readability, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

18. NOTICE

By use of the Sites and Services, you consent to receive electronic communications from Readability (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Readability may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to Readability will be provided by either sending: (i) an email to info@energydatametrics.com; or (ii) a letter, first class certified mail, to Readability, Readability Division, 6700 E. Pacific Coast Highway, Suite 201, Long Beach, California 90803, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

19. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Readability. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Readability regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Readability under these Terms of Use.

20. GOVERNING LAW

These Terms of Use and the relationship between you and Readability will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that Readability may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

21. MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with Readability, Readability may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Readability's remedies are cumulative and not exclusive. Failure of Readability to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Readability's prior written consent. We may transfer, assign or delegate the rights and obligations under these Terms of Use in whole or in part without your consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Readability as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the parties released under Sections 8 and 14 shall be an intended third party beneficiary of these Terms of Use.

22. CONTACTING US

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at info@readabilitytutor.com. We will address any issue to the best of our abilities.