INTELLECTUAL PROPERTY RIGHTS AND TERMS OF SERVICE

© Systems Technology Inc., dba READsquared. All Rights Reserved.

The website uses a variety of text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content, generically referred to as "content". Some of the content is copyrighted by READsquared, while other content may licensed under various open source licenses (MIT, Creative Commons, etc.). You should assume that ALL content is copyrighted unless you contact us and we let you know otherwise. READsquared Enterprise Edition is a trademark owned by Systems Technology Inc., dba READsquared.

This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. We use these marks and materials only to identify a subject that may be of interest to you as a user.

This Website may also contain a variety of content customized or uploaded by our client organizations (usually a library of school). Our client organizations acknowledge as part of their customer agreement to only use intellectual property they have rights to, permission to use, or is otherwise legal for them to upload to our servers. For more information contact the library or school directly.

This Website may also contain a variety of content our client organizations (usually a library of school) have permission to use for a limited time (like CSLP annual theme graphics). It is our client organizations' responsibility to abide by these limited use terms. For more information contact the library or school directly.

Any unauthorized use of any intellectual property belonging to us or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

NO LIABILITY

IN NO EVENT SHALL READsquared BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

NO WARRANTY

 THE WEBSITE IS PROVIDED BY READsquared “AS IS," "WHERE IS," AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIO.

You acknowledge and agree (1) that your use of the Website is at your own discretion and risk (and that of your parent or guardian), (2) that use of any material, information or data downloaded or otherwise obtained through the use of the Website is at your own discretion and risk (and that of your parent or guardian), (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. We do not warrant or guarantee that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system, and (4) if you are a client organization (usually a school or library) that use of any material, information or data uploaded to the website for configuration or other purposes is at your own discretion and risk, and you are responsible for any and all liability if any. No advice or information, whether oral or written, obtained by you in any manner from the Website creates any warranty.

THIRD-PARTY WEBSITES AND LINKS

 The Website may link to, or be linked to, other websites not maintained by or related to READsquared. We provide those links only as a service to our visitors. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website. We have not reviewed all such websites and are not responsible for the content, accuracy, or policies of any websites. You link to any other pages or websites at your own risk, and your use of those websites will be controlled by the terms of use posted on those websites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless READsquared, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of these Terms of Service, including without limitation, your infringement of any intellectual property or other right of READsquared or any other person or entity.

ENTIRE AGREEMENT

These Terms of Service and Copyright Information together with the Privacy Policy constitute the entire agreement between you and READsquared with respect to your access and use of the Website and supersede all prior or contemporaneous understandings or agreements, written or oral. Any waiver of any provision herein will be effective only if in writing and signed by us.

INTERPRETATION AND DISPUTES

These terms are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. This Agreement and access to the Website shall be deemed to have been performed and occurred in the State of Arizona and the courts of that State shall have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts of the State of Arizona, with jurisdiction over Maricopa County, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.

If any provision of these terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.