Terms of Service
Updated: July 2021
Welcome to ReadtoLead.org! We are happy to have you here, taking part in our mission to empower the next generation of readers and leaders! So that everyone can use our services, we ask that you agree to some rules. The Terms of Use (“Terms”) set forth below along with our Privacy Policy govern your access to and use of ReadtoLead.org, and are designed with you in mind. By using ReadtoLead.org and/or any Classroom, Inc. services (collectively referred to as “Online Services”), users agree to be bound by these Terms.
Classroom, Inc. may amend these Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the Online Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. Throughout these Terms, our company Classroom, Inc. is referred to as “Classroom, Inc.,” “we,” “us” or “our” and you, the user, is referred to as “you” or “your.” Our Online Services are also referred to as “Read to Lead” or “ReadtoLead.org.” If you have any questions or concerns about these Terms, or our Online Services, you may contact us at support@classroominc.org.
- These Terms Represent a Binding Contract
- BINDING CONTRACT. BY VISITING READTOLEAD.ORG OR USING ANY CLASSROOM, INC. SERVICES, YOU ARE FORMING AN AGREEMENT WITH US, WHICH YOU ARE NOW READING. YOU AGREE THAT YOU HAVE READ THIS AGREEMENT FULLY AND AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OUR SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ASSOCIATION OR GROUP, YOU MUST HAVE ACTUAL AUTHORITY TO BIND THE ENTITY TO THESE TERMS AND CONDITIONS (IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO THAT ENTITY); IF YOU REPRESENT AN ORGANIZATION BUT DO NOT HAVE AUTHORITY TO BIND THAT ORGANIZATION TO THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
- Please also read our Privacy Policy to learn about (1) the types of data we collect from you and your devices and (2) how we use your data. By using our Online Services, you consent to Classroom, Inc.’s collection, use and disclosure of user content and data as described in the Privacy Policy. We will only use your personal data as set out in our Privacy Policy.
- Changes in Terms and Conditions
- We reserve the right, in our sole discretion, to modify these Terms in the future, or to change, suspend, limit, restrict, or discontinue the Online Services (including the availability of any content or equipment needed for access or use) at any time, and without liability. If we make changes, we will send account holders an email alert and also post a notice on our website for visitors prior to the date when a change becomes effective. On the effective date of the modified Terms, your continued use of our Online Services shall constitute your agreement to the modified Terms, which new terms are hereby incorporated into these Terms by this sentence. We may also, in our sole and unfettered discretion, refuse to offer the Online Services to any person or entity for any lawful reason, and change user eligibility criteria in the future.
- It is your responsibility to check these Terms periodically for changes.
- What Is Read to Lead?
- Read to Lead is a learning solution for students from grades 5 through 9 created by nonprofit organization Classroom, Inc. Our goal is to help students develop literacy, life, and career skills through our blended game-based learning platform. Students may, independently or in group settings, learn through 30-minute interactive games where they are the boss of a virtual workplace.
- We also provide supplemental lessons and digital worksheets to support gameplay and solidify learning. Additionally, through our programs, educators may track student performance against common core standards and SEL competencies with writing exercises and formative assessments.
- Our Intellectual Property and Your Limited License
- We grant you a limited, non-exclusive, non-transferable, and revocable License to use the Online Services, subject to the Terms and the following restrictions in particular:
- Lawful Use. You may only use the Online Services for lawful purposes. You may not post or transmit through the Online Services any material which (1) violates or infringes in any way on the rights of others; (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (3) encourages conduct that violates any law. Any user conduct that in Classroom, Inc.’s discretion restricts or inhibits any other user from using or enjoying the Online Services is prohibited.
- Our Intellectual Property Rights. The Online Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to text, photos, videos, graphics, music, sound, and software, which is either owned by Classroom, Inc., or may be owned by other parties and licensed to Classroom, Inc. We retain all ownership rights in our Online Services, our web architecture and substance (including our software, scripts, graphics, and interactive features) and any and all proprietary and intellectual property, including copyrights, trademarks, and the look and feel of our website and graphic design. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, in or any way exploit, any of the Online Services, in whole or in part. Unless otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Classroom, Inc.’s express written consent (or the copyright owner(s) if other than or in addition to Classroom, Inc). In the event of any permitted copying, redistribution or publication of copyrighted material, you may not make any changes in or deletion to any author attribution, trademark legend, copyright, or other proprietary notice.
- Trademarks. Unless otherwise indicated, any trademarks on ReadToLead.org belong to Classroom, Inc. or its affiliates. All other trademarks not owned by Classroom, Inc. or its affiliates that appear on this website are the property of their owners, who may or may not be connected to, affiliated with, or sponsored by Classroom, Inc. or its affiliates.
- Your Account
- If you choose, or if you are provided with, a user identification code, password or any other piece of information to facilitate access to the Online Services and/or your user account, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.
- Third Party Content
- Where ReadToLead.org contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
- Security
- You are responsible for configuring your information technology, computer programmes and platform to access the Online Services. You should use your own virus protection software.
- You must not misuse the Online Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Online services, the server on which the Online services is stored or any server, computer or database connected to the Online Services. You must not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Online Services, except to the limited extent applicable laws specifically prohibit such restriction.
- Termination
- We may terminate your access to all or any part of the Online Services at any time, with or without cause, with or without notice. If we, in our sole discretion, determine that you have violated these Terms, we will cancel access to our Online Services and close your Classroom, Inc. accounts which will result in the forfeiture and destruction of any user content on our computer system. You agree that we shall have no further obligation of any kind to you.
- All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Payments
- Classroom, Inc. does not host, store, or otherwise possess any payment information. Classroom, Inc. partners with third-parties for payment processing. When you make a payment in connection with the Online Services, including a donation, you agree to be bound by the payment processor’s terms of service.
- Indemnification
- You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective officers, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, our Online Services; and/or (b) violation of these Terms; and/or (c) breach of any contract, or other agreement you enter into with a third party; and/or (d) personal injury or property damage; and/or (e) your interactions or transactions with any other user; and/or (f) infringement by you, or any third party using your account or identity in the Online Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability
- IN NO EVENT WILL CLASSROOM, INC., OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY CLASSROOM, INC. SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- Disclaimers
- THE ONLINE SERVICES, AND ANY CONDUCT RENDERED IN ACCORDANCE WITH THESE TERMS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE(S) OR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
- THE CONTENT ON OUR WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY. WE DO NOT WARRANT THAT USE OF THE ONLINE SERVICES WILL IMPROVE INTELLIGENCE. WE ALSO DO NOT WARRANT THAT USE OF THE ONLINE SERVICES WILL HELP WITH OR GUARANTEE ADMISSIONS TO ANY INSTITUTIONS OF LEARNING OR THAT IT WILL IMPROVE STANDARDIZED OR OTHER TESTING SCORES.
- YOUR USE OF THE ONLINE SERVICES IS VOLUNTARY AND AT YOUR OWN RISK. You acknowledge that you will be solely responsible for any damage or loss of any kind to you or any other party resulting directly or indirectly from your use of our Online Services. We assume no responsibility or liability whatsoever, and make no warranties or guarantees of any kind or for any purpose, regarding the accuracy, safety, copyright or trademark compliance, or legality of any information or content accessed on or through our Online Services, or for any actions you may take as a result of having been exposed to the Content. You should consult with independent legal counsel prior to entering into any contract or agreement with a third party.
- We are not responsible for web links leading from our Online Services to any area online or offline; such third-party websites or services are used or explored at your own risk. You release us from any and all responsibility or liability (direct or indirect, of any kind whatsoever), in connection with any and all experiences, results, and outcomes, with such third-party websites or resources. The existence of any third-party URL or web link found through us or on our Online Services does not constitute our endorsement or relationship as between us and the third-party operator(s). You must use your own independent judgment in evaluating all such third-party services.
- Miscellaneous
- These Terms, together with our Privacy Policy and any other agreements and forms provided by us to you separately and incorporated herein by this sentence, are the entire agreement between you and us with respect to the Online Services, including use of ReadToLead.org, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Online Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. For any remaining obligation not already disclaimed above, we shall not be liable for any failure to perform any such obligation where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, or third party acts or omission.
- These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- Unless otherwise specified in these Term, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@classroominc.org.
- These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws provisions.
- Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Any section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
- These Terms are for the benefit of us and our affiliates, vendors, and suppliers, and our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these entities and individuals shall have the right to assert and enforce these Terms directly against you on its or their behalf.
- No ambiguity of any term or provision in these Terms shall be construed adversely to Classroom, Inc. as drafter of the Terms.