Life-Ready Literacy®
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Terms and Conditions

Beable Education, Inc. Terms of Use

  1. Agreement (the “Agreement”).

These terms of use are entered into by and between you and Beable Education, Inc., a Delaware public benefit corporation (“Beable” or “Company”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.beable.com, including any content or functionality (the “Website”), and the services offered on or through www.beable.com, including, without limitation, your subscription to our educational services (the “Services”).

Please read these Terms of Use carefully before you start to use the Website.  By using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [www.beable.com/privacy-policy], incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

  1. Intellectual Property Rights.

The Website and all its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

These Terms of Use permit the public to use the public portion of the Website and Authorized Users to use the entire Website for their personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • Authorized Users may print a reasonable number of pages of the Website for educational purposes in connection with the students in your classroom or students within your school(s), but you may not make further reproductions, publications, or distributions for students, teacher(s), or schools not within your school or district.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, we reserve the right to terminate your use of the Website and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks.

The Company name, the words “Beable”, “BeableIQ”, “TestAhead”, and “Life-Ready Literacy”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks or intellectual property of the Company or its subsidiaries, affiliates, or licensors. You must not use such marks or intellectual property without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks or intellectual property of their respective owners.

  1. Site Use.

These Terms of Use govern use of the public portion of the Website by the public and the use of the entire Website by persons who have subscribed to the Service or otherwise been granted access by the Company, and their Authorized Users.  To access the non-public portion of our Website, each Authorized User must provide a username and password.  You agree to provide us with accurate, complete, and updated contact information.  Failure to do so will constitute a breach of these Terms of Use, which may result in immediate termination of your subscription and access to our Website.  You may not: (a) choose a username with the intent to impersonate another person, (b) use a username subject to the rights of any other person without written authorization from said person, or (c) use a username that we, in our sole discretion, deem inappropriate or offensive.  You are responsible for maintaining the confidentiality of your username and password.  You will be responsible for all uses of your username and password, whether or not authorized by you.  You are fully liable for all activities conducted through your subscription.  This includes, but is not limited to, ensuring that any other person within the registered classroom who uses our Website is aware of, and complies with, the terms of these Terms of Use. Each person who uses the Website agrees to be bound by these Terms of Use, whether or not such person has subscribed to the Website.  You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your subscription to our Website. We are not liable for any loss or damages arising from the unauthorized use of a username or password or your subscription to our Website. Any fraudulent, abusive, or otherwise illegal activity may be reported to appropriate law-enforcement agencies by us.

  1. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion.  All changes are effective immediately from when we post them.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

We reserve the right to withdraw or amend the Website and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users with a subscription to the Services.

  1. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. Letters, Reviews, or Other Such Comments or Materials.

Any comments, materials, or letters sent by you to the Company, 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.  The Company shall have no obligation of any kind with respect to such Received Materials and the Company 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, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company 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.

  1. Enforcement; Termination.

We have the right to:

  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. Information About You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy [www.beable.com/privacy-policy].  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Compliance with Laws.

You agree to comply with all applicable laws regarding your use of the Website.  You further agree that information provided by you is truthful and accurate to the best of your knowledge.

  1. Refusal or Discontinuance of Service.

In the event we determine, in our sole discretion, that a user has breached any portion of these Terms of Use, or has otherwise demonstrated inappropriate conduct, we reserve the right to: (i) warn the user via email that she or he has violated these Terms of Use; (ii) delete any content provided by the user (or anyone accessing the user’s account); (iii) discontinue the user’s account; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) retroactively charge for the unauthorized use; and/or (vi) take any other action that we deem appropriate.

  1. Geographic Restrictions.

The owner of the Website is a public benefit corporation organized pursuant to the laws of the State of Delaware and is based in the State of New Jersey in the United States.  Except as provided in a written order or subscription form, we provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for your compliance with local laws.

  1. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability.

EXCEPT AS PROVIDED BY A SUBSCRIPTION AGREEMENT WITH THE COMPANY, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  1. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Governing Law and Jurisdiction.

Any dispute or claim arising therefrom or related to these Terms of Use or the use of the Website shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the use of the Website shall be instituted exclusively in the federal courts located in the State of New Jersey or state courts located in Ocean County, New Jersey, although the Company retains the right to bring any suit, action, or proceeding against a foreign entity in its country of residence or any other country with jurisdiction.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Severability.

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement or these Terms of Use will otherwise remain in full force and effect.

  1. Waiver.

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Any waiver of a provision of the Terms of Use by the Company must be in writing and signed by an authorized representative of the Company.

  1. Relationship of the Parties.

Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent entity responsible for its own actions.

  1. No Third-Party Beneficiaries.

The parties agree that there are no third-party beneficiaries of this Agreement.

  1. Assignment.

You may not assign this Agreement without the prior written consent of the Company, and any attempted assignment of this Agreement without such consent shall be null and void.  The Company may assign this Agreement to any entity that purchases all or substantially all of its assets or that obtains control of it by purchase, merger, or other means.

  1. Entire Agreement.

These Terms of Use, together with any written order or subscription form and the Terms of Service, constitute the entire agreement between you and the Company and govern the terms and conditions of your use of the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website and any Services you purchase.

  1. Contact Information.

The Website is provided by Beable Education, Inc., a Delaware public benefit corporation with its principal offices in New Jersey.  All notices of copyright infringement claims should be sent to support@beable.com.  All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@beable.com or the contact address provided in your order or subscription form.