TERMS OF SERVICE AGREEMENT


“Read2Grasp” is an application created and maintained by Learning Point, L.L.C. (“Learning Point”). The following Terms of Service (the “Agreement”) are a legal contract between Learning Point and (1) any person creating an account or accounts on Read2Grasp (a “Creator”); and, (2) any person using an account on Read2Grasp (a “User”).

By creating or using an account on Read2Grasp, the Creator and User, respectively, acknowledge this Agreement and agree to be bound by its terms.


  1. Persons eligible to be a Creator.

A Creator may create an account or accounts on Read2Grasp so long as such Creator is: (i) any person who is not less than thirteen years of age; or, (ii) any school, business, organization, board, or other similar entity primarily serving an educational purpose. Any account on Read2Grasp shall only have a single individual (i.e. a User) authorized to use it. An account provides such a User with a non-exclusive license to use the Read2Grasp application.   

All information submitted by the Creator (including any personal or identifying information regarding the authorized User) shall be accurate and in compliance with applicable law, including but not limited to the Family Educational Rights and Privacy Act and Children’s Online Privacy Protection Act. Sole responsibility for maintaining the accuracy of such information shall be with the Creator.


 

  1. Termination of Improper Accounts.

If Learning Point becomes aware that any person less than thirteen years of age or an entity which does not primarily serve an educational purpose has created an account on Read2Grasp, any and all accounts created by such person or entity shall be immediately terminated without prior notice. Learning Point shall bear no liability for any loss associated with the termination of such account.

  1. Duties of the User.

A User may only use an account for educational purposes and not for any commercial purpose or pecuniary gain (including, but are not limited to, creation of any derivative works based on Read2Grasp or any data or information entered into Read2Grasp or providing training, support, or other related services on Read2Grasp in exchange for a fee).

A User is solely liable for all activities conducted on an account. Any fraudulent, abusive, or otherwise illegal activity on the User’s account may be reported to the appropriate law-enforcement agency.


 

A User shall not share or permit others (i.e. other Users) to use his account for any other purposes. Notwithstanding the foregoing, any information or data entered into the account by a User may be accessed by Learning Point and the Creator of such account or any other person or entity authorized in writing to Learning Point by the Creator or User to have such access.  


 

  1. Security of Account.

The Creator and User of an account shall be responsible for maintaining the confidentiality and security of the account’s login and password information. Learning Point expressly disclaims any and all liability arising from any unauthorized use of the User’s account.

If at any time a Creator or User becomes aware that his account(s) has been compromised or become unsecured (i.e. loss, theft or unauthorized disclosure or use of account login or password information), such Creator or User shall immediately notify Learning Point at support@learningpointapps.com.


 

  1. Information Submitted to Account.

The User is solely responsible for the format, accuracy, and timeliness of information or data submitted into the account and that such information or data complies with any applicable third-party directions or requirements.

Any information or data entered or uploaded by the User into the account shall be maintained by Learning Point and accessible, by either the Creator or the User, in such account for no longer than twelve months after the account’s creation.  


 

  1. Privacy Policy.

The privacy of the Creator and User are of utmost importance to Learning Point. In order to continue to improve the products and services offered by Learning Point, the Creator and User authorize Learning Point to analyze, export, transfer, assign, or use for any other purposes whatsoever, including commercial purposes or pecuniary gain, any information or data submitted into the account. However, such authorization shall not extend to any personal identifying information regarding the authorized User. Learning Point shall not share any personal identifying information for an account with any third party without the consent of the Creator.

  1. Compliance with Applicable Laws and Regulations

The Creator and User shall comply with all applicable, civil or criminal, laws, statutes, ordinances, rules, regulations and other governmental requirements.

The User further warrants that any information or data entered into the application does not infringe, violate, or misappropriate any third party right (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right) or slander, defame, or invade the right of privacy, publicity or other property rights of any other person. The User further warrants that any information or data entered into the application does not contain any viruses, adware, spyware, worms, or other malicious code.


 

Learning Point shall comply with any notices of alleged copyright infringement received by it that comply with the Digital Millennium Copyright Act (the “DMCA”).


 

Any DMCA Takedown Notice should be submitted to Learning Point at support@learningpointapps.com.


 

  1. Billing Information; Refund Policy.

Read2Grasp is priced on a per account annual subscription model. All payments are due at the time of the account’s creation. Learning Point reserves the right to modify its subscription price at any time prior to its purchase by the Creator.

A Creator may terminate its account(s) at any time by sending a written request to do so to accounts@learningpointapps.com . Refunds will only be issued for those accounts which a written termination request has been received within thirty (30) days of the account’s creation and so long as such account has not been accessed or used numerous times by the account’s User. Refunds are not available for any other purposes or reasons except upon the sole determination of Learning Point. Refunds will be issued according to the original payment method.


 

The Creator or User may terminate its consent to this Agreement by discontinuing use of its account(s). However, such a termination shall not entitle the Creator to a refund of its subscription fee for such account(s).


 

  1. Termination of Accounts by Learning Point.

Learning Point, in its sole discretion and for any or no reason whatsoever may terminate any account without prior notice to the Creator or User of such account. Such termination shall include any information or data entered into such account. Upon such a termination by Learning Point, the Creator of such account(s) shall be refunded pro-rata its subscription fee for the remainder of the subscription period.

  1. Learning Point’s Intellectual Property.

Read2Grasp is owned and operated by Learning Point. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, and other elements of Read2Grasp are protected by applicable laws governing intellectual property and proprietary rights. Further, all trademarks and/or trade names contained on Read2Grasp are owned by Learning Point.

  1. Indemnification.

The Creator and User of an account, jointly and severally, agree to indemnify, defend, and hold harmless Learning Point and its directors, officers, agents, and employees from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of Read2Grasp, any violation of the Agreement, or any breach of the representations, warranties, and covenants made herein, regardless of whether such act, omission, breach, or violation occurred by the Creator or the User.

Learning Point shall take all reasonable efforts to notify the Creator or the User of any such claim, action, or proceeding which implicates this indemnification requirement. Learning Point reserves the right, at the indemnifier’s expense, to assume the exclusive defense and control of any matter for which Learning Point is indemnified. The Creator and User agree to cooperate with Learning Point in the defense of any such claims.


 

  1. No Warranty Provided.

Read2Grasp has been provided to the Creator and the User “as is”. Learning Point specifically disclaims any and all warranties and conditions applicable to Read2Grasp, whether statutory, express, or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Learning Point further does not warrant that: (1) Read2Grasp will perform uninterrupted or be available when used by the User; (2) That any data or information entered into Read2Grasp will be timely submitted; (3) That Read2Grasp or any data or information submitted thereto will be free of errors; and, (4) That any of the aforementioned will be corrected.


 

The User specifically assumes the risk of any harm that should occur to such User’s computer, tablet, phone, or other similar electronic hardware from the use of Read2Grasp.


 

  1. Limitation of Liability.

The Creator and User use Read2Grasp at their own risk. Under no circumstances, including, but not limited to, negligence, will Learning Point or its directors, officers, agents, and employees be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms of this Agreement or use or inability to use Read2Grasp or the failure of any data or information to be submitted, either timely or not at all, into the account.

  1. Non-waiver.

The failure of Learning Point to exercise any of its rights under this Agreement at any time does not constitute a breach of the Agreement and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

  1. Notices.

Any notice to Learning Point given in connection with this Agreement shall be given in writing and delivered to 3010 Jenny Lane, Woodbridge, VA 22192

Any notice to either the Creator or the User in connection with this Agreement or for any other purpose shall be given to the Creator at the contact information provided at the time of the account’s creation.


 

  1. Amendments to Agreement.

Learning Point reserves the right, at its sole discretion, to change, modify, add, or remove the terms of the Agreement at any time. The continued use of an account by a User or Creator after any such changes or modifications constitutes binding acceptance of such changes.

A Creator or User may not modify the terms of this Agreement except by a writing signed by Learning Point.


 

  1. Modifications to Read2Grasp Service.

Learning Point may change, modify, suspend, or discontinue any aspect of Read2Grasp at any time, including, without limitation, access policies, the availability of any feature, hours of availability, content, data, or software or equipment needed to access Read2Grasp. Learning Point may also impose limits on certain features or access without notice or liability.

  1. Assignment of Agreement or Account.

Neither the Creator nor the User shall not be allowed to assign its obligations under this Agreement nor his account in whole or in part to any other person or entity except with the express written consent of Learning Point. Any attempt to assign this Agreement without such consent shall be null and void.

Learning Point, with or without advance notice to a Creator or User and without obtaining consent from such Creator or User, may assign its rights and obligations and any restrictions in this Agreement and any accounts to any successor entity, subsidiary, or third party.


 

  1. Severability.

If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

  1. Entire Agreement.

This Agreement contains the entire understanding between the parties and supersedes any prior written or oral agreements between them respecting the subject matter of this Agreement.

  1. Construction of Terms.

The descriptive headings of the several Sections contained in this Agreement herein are included for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. Where appropriate to the context, pronouns or other terms expressed in one number and gender shall be deemed to include the other number and other possible genders.

  1. Governing Law.

This Agreement, including any rights, remedies, or obligations provided for hereunder, shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. Any action brought to enforce any right or obligation under this Agreement shall be subject to the exclusive jurisdiction of the courts of the County of Prince William, Commonwealth of Virginia.