1. ACCEPTANCE OF TERMS
Guided Readers,Inc. provides its services on any website under its control accessed by you, subject to the following
Terms of Service (“TOS”), which may be updated by us from
time to time. Your use of the website and its materials constitutes your agreement to all such terms, conditions, policies,
and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
Guided Readers provides users with access to a wide variety
of teaching resources through its website. Unless explicitly
stated otherwise, any new features that enhance the current
Service, including the release of new resources shall be subject to the TOS. You understand and agree that the Service is
provided “AS-IS” and that Guided Readers assumes no responsibility for the timeliness, deletion, misdelivery, or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and
that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for
those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. LICENSE USAGE
A license grants access to specific content purchased on the
Guided Readers website as well as permission to use its
copyrighted resources as part of the classroom curriculum.
Each teacher using the resources must have a license in order to obtain the necessary permission. Each Guided Readers license is valid for ONE classroom only. If logins are
shared among teachers, Guided Readers has the right to
cancel your subscription and no refunds will be given.
Licenses must be maintained for continued permission to use
downloaded, copyrighted materials. Each license must be registered in the name of the classroom teacher using the resources.
The Digital Interactive Reader allows 36 students to be added
to the portal. If you are a reading specialist or specialist
teacher in your school and service more than 36 students,
please send an email to info@guidedreaders.com and we will
help you access additional student accounts if certain criteria is met.
Guided Readers CANNOT be utilized on ANY digital
training platforms as a means of earning revenue
through online teaching, tutoring, or online training
courses for children or teachers. If our program is used
on any online platform in order to earn personal revenue, your subscription will be revoked and you will
not be granted a refund.
4. MODIFICATIONS TO SERVICE
Guided Readers reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that Guided Readers shall not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Service.
Guided Readers may change, add, or remove any part of this
Agreement, or any other terms associated with the use of the
website, at any time, by posting a notice of such changes to
the Terms of Service page of the website. Any changes shall
become part of the Agreement and shall apply as soon as
such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of
those changes.
5. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers
found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such sponsor, third party,
or advertiser. You agree that Guided Readers shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the pres-
ence of such sponsors, third parties, or advertisers on the
Service.
6. Third-Party Websites
Guided Readers may provide, or third parties may provide,
links to other websites or Internet resources. Because Guided
Readers has no control over such websites and resources,
you acknowledge and agree that Guided Readers is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable
for any content, accuracy, quality, advertising, products, or
other materials on, or available from, such websites or resources. You further acknowledge and agree that Guided
Readers 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 website
or resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. Guided Readers EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Guided Readers makes no warranty 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, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT
THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH
THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
c. 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,
d. No advice or information, whether oral or written, obtained
by you from Guided Readers or through, or from, the service
shall create any warranty not expressly stated in the TOS
e. Information created by THIRD PARTIES that you may access on the website or through link is not adopted or endorsed by Guided Readers and remains the responsibility of
such THIRD PARTIES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Guided
Readers SHALL NOT 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 Guided Readers 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 ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
10. TRADEMARK INFORMATION
All materials on the Guided Readers website, including without limitation, names, logos, trademarks, service marks, images, graphics, photographs, illustrations, artwork, and other
elements making up the Service are protected by copyrights
and other intellectual property rights owned and controlled by
Guided Readers. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective
owners. You may not add, delete, distort, or otherwise modify
any Guided Readers content. Any unauthorized attempt to
modify any Online Material, to defeat security features, or to
utilize this website for means other than its intended purposes is prohibited.
Guided Readers logos and product and service names are
trademarks of SIMPLY SKILLED IN SECOND, INC. All other
trademarks appearing on the website are trademarks of their
respective owners and our reference to them does not imply
or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Guided
Readers will enforce its intellectual property rights to the
fullest extent of the law.
If you suspect that the content or trademarks of a Guided
Readers website product are being misused please contact
service@SimplySkilledinsecond.com as soon as possible.
11. NON-WAIVER
The failure of Guided Readers to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of, or related to, use
of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
13. VIOLATIONS
Please report any violations of the TOS to service@SimplySkilledinSecond.com
14. INDEMNIFICATION
You agree to indemnify, defend, and hold Guided Readers
harmless from any claims and expenses, including reasonable
attorneys’ fees, arising from or related to any breach by you of
any terms of this Agreement.
15. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR
MATERIALS
Any comments, materials, or letters sent by you to Guided
Readers, including without limitation, questions, comments,
suggestions, criticisms or the like (“Received Materials”) shall
be deemed to be non-confidential and free of any claims of
proprietary or personal rights unless you explicitly state in the
correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be
distributed. Guided Readers shall have no obligation of any
kind with respect to such Received Materials and Guided
Readers will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from,
and/or distribute, the Received Materials without limitation or
restriction. Furthermore, Guided Readers is free to use any
ideas, concepts, know-how, or techniques contained in any
communication you send to Guided Readers for any purpose
whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
16. PRIVACY POLICY
See the
Privacy Policy page.
17. RESTRICTIONS ON USE
You may not use Guided Readers or its content for any illegal
purpose or in any manner inconsistent with these Terms and
Conditions. You agree to use Guided Readers solely for your
own noncommercial use and benefit and not for resale or
other transfer or disposition to any other person or entity.
18. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement
will remain in force.
19. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on a Guided Readers website constitute the entire
agreement between you and Guided Readers and govern your
use of the Service.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
Guided Readers reserves the right to refuse or discontinue
service to any user for noncompliance with these Terms and
Conditions.
21. REFUND POLICY
Guided Readers offers a 3-day money back gaurantee. However, if 3 OR MORE books/resources are downloaded from the
site, REFUNDS WILL NOT BE GRANTED. Any member that
purchases Guided Readers membership and realizes that it is
not for them, may choose to cancel their membership before
the next renewal period. See Cancellation Policy below.
22. CHOICE OF LAW AND FORUM
The laws of the State of New York will govern this Agreement.
The laws of the State of New York will govern any dispute arising from the terms of this agreement or breach of this agreement and you agree to personal jurisdiction by the state and
federal courts sitting in New York. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim
brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with,
these Terms and Conditions and agree to submit to binding
arbitration.
23. CANCELLATION POLICY
All memberships will renew automatically based on your subscription plan. If you wish to cancel your membership please
log in to your portal, click SUBSCRIPTION, then click the Cancellation button on that page. Be aware that cancellations are
processed on the renewal date (the date you purchased).
Once you have canceled you will no longer have access to the
Guided Readers Portal nor any content on Guided Readers.