Read it LOUD! - Tips for Getting Started

Please read these terms and conditions carefully before using this Read it LOUD! Foundation website.  

PLEASE READ THIS TERMS AND CONDITIONS OF USE STATEMENT CAREFULLY.  BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH ALL THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

You (“User” or “End User”) must be at least 18 years old to be eligible to use the Website.  However, if you are at least 13 years old but not yet 18, you may use the Website in conjunction with your parent or guardian who agrees to these terms and conditiosn of use.  We do not intend that the Website be used by individuals under the age of 13.

General

The Website provides an interactive online service operated by Read it LOUD! Foundation on the World Wide Web of the Internet (the “Web”), consisting of content to encourage literacy and opportunities for End Users to receive email marketing and offers from third parties.

The right to use the Website is personal to End User and is not transferable to any other person or entity.  End User shall be responsible for protecting the confidentiality of End User’s password(s), if any.  End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Read it LOUD! Foundation, and the Read it LOUD! Foundation shall not be responsible for any data lost while transmitting information on the Internet.  While it is the Read it LOUD! Foundation’s objective to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance.  You understand and acknowledge that due to circumstances both within and outside of the control of the Read it LOUD! Foundation, access to the Site may be interrupted, suspended or terminated from time to time.

The Read it LOUD! Foundation shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use.  Further, the Read it LOUD! Foundation may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Modified Terms.

The Read it LOUD! Foundation reserves the right at all times to discontinue or modify any of our Terms and Conditions of Use and/or our Privacy Policy as we deem necessary or desirable.  If we make any substantial changes, we will notify you by either and in our sole discretion, sending you an e-mail to the e-mail address that is registered with your account or by posting notice of the change on the Website.  Any changes to these Terms and Conditions of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website.  We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions of Use and Privacy Policy from time to time in order that you stay informed as to any such changes.  Any use of the Website by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

Equipment.

End User shall be responsible for obtaining and maintaining all telephone, cable, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto.  Read it LOUD! Foundation shall not be liable for any damages to the End User’s equipment resulting from the use of the Website.

Copyright and Trademarks.

Everything located on or in the Website is the exclusive property of Read it LOUD! Foundation or used with express permission of the copyright and/or trademark owner.  ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF READ IT LOUD! FOUNDATION IS STRICTLY PROHIBITED.  Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws.  End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.  End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Read it LOUD! Foundation or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.  End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.  Trademarks that are located within or on the Website otherwise owned or operated in conjunction with Read it LOUD! Foundation shall not be deemed to be in the public domain but rather the exclusive property of Read it LOUD! Foundation, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Read it LOUD! Foundation unless otherwise stated.

Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT END USER’S SOLE RISK. NEITHER READ IT LOUD! FOUNDATION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE AND THE CONTENTS HEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

THE WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. READ IT LOUD! FOUNDATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

IN NO EVENT SHALL READ IT LOUD! FOUNDATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE OR END UDER’S USE THEREOF OR RELIANCED THEREON. 

Privacy.

The Read it LOUD! Foundation has a firm commitment to internet privacy. Please review our Privacy Policy  before using the Website.  

Indemnification/Release.

End User agrees to defend, indemnify and hold harmless Read it LOUD! Foundation, its affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Website.

Termination.

Read it LOUD! Foundation may terminate the Website and any End User’s use of the Website at any time.  Without limiting the foregoing, Read it LOUD! Foundation shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Read it LOUD! Foundation, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of these Terms and Conditions of Use.  

Third-Party Content.

The Website contains links to third-party websites maintained by other content providers.  These links are provided solely as a convenience to you and not as an endorsement by Read it LOUD! Foundation of the contents on such third-party sites.  Read it LOUD! Foundation hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites.  If End User decides to access linked third-party websites, End User does so at its own risk.

Miscellaneous.

These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof.  No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall be of no legal force or effect.  If any provision of these Terms and Conditions of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in the Terms and Conditiosn of Use, and the remaining portions of this document shall continue in full force and effect.  

Arbitration

By using the Website, End User agrees that: (1) any claim, dispute, or controversy End User may have against Read it LOUD! Foundation arising out of, relating to, or connected in any way with the Website shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held in Honolulu, Hawaii or at such other location as may be mutually agreed upon by End User and the Read it LOUD! Foundation; (3) the arbitrator shall apply Hawaii law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Read it LOUD! Foundation’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Read it LOUD! Foundation will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Read it LOUD! Foundation shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

Disclosures.

Read it LOUD! Foundation is located at www.readitloud.org.