Website Terms of Use | Lexia Learning

LEXIA WEBSITE PROPERTIES TERMS OF USE

These Website Terms of Use apply to your access and use of, and any Content (defined herein) provided or accessed when you visit, www.lexialearning.com or www.lexia.com, or any other Lexia commercial website, (individually and collectively, the "Website"), as well as to any correspondence, including by e-mail, chat, web-form or otherwise, between us and you. Through the Website, you have access to a variety of resources and content, which may include but is not limited to, (a) Web pages, data, messages, text, images, photos, graphics, audio and video, documents such as press releases, white papers, and product information and data sheets; and (b) web forms, chat areas, bulletin boards, e-mail functions, and other functions and services in connection with which you can upload, download, share, email, post, transmit or otherwise access or make available information (all of the foregoing collectively referred to as "Content").

For clarity, the terms and associated policies governing the use and access to Lexia® online educational subscriptions, applications, software, services and/or materials, including, but not limited to, the website www.mylexia.com and other Lexia educational web and mobile applications (collectively, the "Services"), are as provided in the Lexia Application License Agreement.

Please read these Website Terms of Use carefully before using this Website. These Terms of Use are a legal agreement between you ("You" or "Your") and Lexia Learning Systems LLC, its parent company, Lexia Voyager Sopris Inc., which are Cambium Learning Group companies, ("We" or "Lexia"). Using this Website indicates that you accept these Website Terms of Use regardless of whether or not you purchase any software or services from us. If you do not accept these Website Terms of Use, do not use this Website. This Website and all of its Content, including but not limited to, all text and images, are owned and copyrighted by Lexia and/or its licensors.

INTRODUCTION

You may access many areas of thisWebsite without registering your details with us. By accessing any part of this Website, you agree to follow and be bound to the terms and conditions concerning your access to and use of the Website asset forth in these Website Terms of Use, and to our Website Privacy Policy. Lexia may revise these Website Terms of Use at anytime without notice to you. The revised Website Terms of Use will be effective when posted. You can review the most current Website Terms of Use and Website Privacy Policy. We may revise our Website Privacy Policy at any time in accordance with the terms thereof. Note: the Website Privacy Policy applies to our collection and processing of personal data of users and visitors to our commercial Websites; the policy concerning the collection and use of personal information of school or district students and/or staff that is collected within and through use of our online educational subscription products and related services is our Application Privacy Policy. If we make material revisions to our Application Privacy Policy (i.e., the policy concerning the collection and use of personal information of school or district students and/or staff that is collected within and through use of our online educational subscription products and related services),we will explain those changes from our prior practices when they are posted and we will send a notice to the account owner/administrator email address that was provided to us upon enrolling for use. Lexia reserves the right, at any time, in whole or in part, to: modify, suspend or discontinue the Website, Content or functionality thereof, with or without notice; limit the Website's availability to any person, geographic area or jurisdiction we choose; change or charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, submission, feature, product or other Content offered through theWebsite. Your continued use of the Website after such changes will indicate your acceptance of such changes.You should check this Website from time to time to review the then current Website Terms of Use.Some areas of, or pages or applications linked to or accessible from, theWebsite and/or Content may have additional terms, guidelines, license agreements, user agreements, or other agreements or privacy policies that apply to your access and use of that area of the Website. If there is a conflict between these Website Terms of Use and the terms, guidelines, license agreements, user agreements, or other agreements or privacy policies for a specific area of theWebsite or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Website or Content. For clarity, these Website Terms of Use are intended to apply to use of and access to Lexia commercial Websites. The terms, conditions and polices governing access and use of all Lexia educational subscription products and services by the staff and/or student users of our State, District, School or other educational entity customers are those provided and included in the Lexia Application License Agreement, Lexia Application Privacy Policy, and the applicable Lexia quote.

LICENSE AND CONDITIONS

Subject to your continued compliance with these Website Terms of Use, Lexia grants you a limited, non-exclusive license to access and make use of the Website. As a condition of such license, you agree:

not to download or modify any part of the Website, except with the express and prior written consent of Lexia;

not to download or copy any account information for the benefit of another merchant;

not to collect or make any commercial use of any product listings, descriptions, or prices;

not to resell or make any commercial use of this Website or its Contents;

not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website, or any Contents, for any commercial purpose, without the prior express written consent of Lexia;

not to make any derivative use of this Website or its Content;

not to frame or utilize framing techniques, including to enclose any trademark, logo, or other proprietary information or content (including images, text, page layout, or form) of Lexia and/or its group companies or licensors, without express prior written consent of Lexia;

not to use any meta tags or any other"hidden text" utilizing the Lexia name, Lexia product names, or Lexia trademarks, without the prior express written consent of Lexia; and

not to reproduce or store any part of this Website or Content in any other website or include any part of this Website or Content in any public or private electronic retrieval system or service, without prior express written permission from Lexia.

Trademarks of Lexia indicated on the Website are trademarks of Lexia or its group companies, used and/or registered in the United States and other countries. Other names appearing on the Website may be trademarks of their respective owners. You acknowledge the foregoing and agree not to display or use Lexia trademarks in any manner without the prior express written consent of Lexia.

By accessing this Website, you acknowledge and agree that the copyright and other intellectual property rights in all material on the Website (including without limitation text, photographs and graphics, and other Content), are owned by Lexia or its licensors. If you breach any of these Website Terms of Use, your permission to use the Website automatically terminates. You are also advised that Lexia reserves all rights, at its sole discretion, to aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to the seeking of criminal prosecution. You understand and acknowledge that any consents, permissions and/or authorizations that may be granted by Lexia under the Website Terms of Use may be withheld, modified or withdrawn by Lexia at any time, with no liability on the part of Lexia to you.

Any rights with respect to the Website and any Contents therein not expressly granted in these Website Terms of Use are reserved to Lexia.

WEBSITE ACCESS

While Lexia attempts to ensure that its Websites are normally available 24 hours a day, Lexia will not be liable if, for any reason, anyWebsite or portion or functionality thereof, is unavailable at anytime or for any period. Lexia may temporarily or permanently suspend or terminate any access to any Website by any or all Website visitors without notice and for any reason.

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information collected and processed by Lexia through use of the Website, which is covered under theWebsite Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Lexia shall have no obligations with respect to such material. Lexia and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material, and subject to the Website Privacy Policy, any data, images, sounds, text and other things embodied therein, for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Website any material deemed by Lexia, in its sole discretion, to be material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or that may cause annoyance or inconvenience; or

for which you have not obtained all necessary licenses and/or approvals; or

that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
that is or maybe technically harmful, or that would or may in any way negatively impact Lexia, its operations, its customers or other users or visitors of the Website (including, without limitation, computer viruses, logic bombs,Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).

Lexia will, in accordance with its policies, fully co-operate with any law enforcement authorities or court order requesting or directing Lexia to disclose the identity or provide access to information regarding anyone subject to these Website Terms of Use, including anyone who is or may be using a Lexia Website or posting any material in breach of this Section.

LINKS TO AND FROM OTHER WEBSITES

Any links to third party websites that may be included on the Website are provided solely for your convenience.If you use these links, you leave the Lexia Website. Lexia does not control and is not responsible for these websites or their content or availability, and Lexia does not endorse or make any representations about them or any material found there, or any results that may be obtained from using them.If you decide to access any third-party website linked to this Website, you will be subject to the terms of use and privacy policies of such third-party websites, and you access such third party websites entirely at your own risk.

If you would like to link to this Website or any Content therein, you may only do so on the basis that you solely link to, and in no event replicate the Content or look and feel of the home page of this Website, and subject to the following conditions:

you acknowledge and agree that your right to link to or in any way use any Content is solely under limited, non-exclusive license from Lexia, and subject to Lexia's standard trademark license and usage policy, as may be made available by Lexia from time to time;

you do not remove, distort or otherwise alter the size or appearance of the Lexia logo;

you do not create a frame or any other browser or border environment around this Website;

you do not in any way imply that Lexia is endorsing any products or services other than its own;

you do not misrepresent your relationship with Lexia, hold yourself out as an authorized partner or agent of Lexia, or present any other false information about Lexia or any Lexia products or services or your relationship thereto;

you do not otherwise use any Lexia trademarks or intellectual property without express written permission from Lexia;

you do not link from a website that is not owned by you; and

your website does not contain content that, in Lexia's sole determination is or is likely to be deemed distasteful, offensive or controversial; infringes any intellectual property rights or other rights of any other person or entity; or otherwise does not comply with Lexia terms and/or policies or any applicable laws and regulations.

you agree that Lexia may request that you remove any link to this Website and/or Content at any time for any or no reason without obligation or liability to you, and that you will promptly comply and cause all links and/or Lexia Content to be removed upon receipt of such notice.

you agree that you shall fully indemnify and hold Lexia harmless from any claim, loss, damage or liability arising from or relating to your linking to a Lexia Website or use of Lexia Content, or any breach of these Website Terms of Use, including but not limited to the terms of this Section.

Lexia expressly reserves the right to revoke any and all permissions, authorizations, licenses and/or rights granted under these Website Terms of Use at any time for any reason, including but not limited to any actual or suspected breach of these Website Terms of Use, and to take any action permitted under applicable laws that it deems appropriate.

DISCLAIMER

While Lexia attempts to ensure that the information on its Website is correct, Lexia does not warrant the accuracy and completeness of the material on the Website; that the Website or Content will meet your requirements; that the Website or Content will be available on an uninterrupted, timely, secure, or error-free basis; that results that may be obtained through use of the Website or any Content provided on or through the Website will be accurate or reliable; or that the quality of any Content purchased or obtained by you on or through the Website will meet your expectations. Lexia may make changes to the Website and/or any material or Content therein, including with respect to information relating to any Lexia products and/or services and/or associated prices and terms offered and supported by Lexia to its customers that may be described on its Website, at any time without notice. The Website, and material and information therein is provided on an "as is" and "as available" basis, without any warranties of any kind.Accordingly, to the maximum extent permitted by law, you acknowledge and agree that Lexia provides you with access to the Website on the basis that Lexia excludes all representations, warranties, either express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non infringement and the use of reasonable care and skill), and that your acceptance of these Website Terms of Use and the foregoing disclaimer of warranties isa material condition of your right to access and use, and to continue to use, the Website.

LIABILITY

To the maximum extent available under applicable law, Lexia, any Lexia contractors, licensors or vendors (whether or not involved in creating, producing, maintaining or delivering the Website or any Content therein), and any of the Lexia affiliated companies, and the officers, directors, employees, shareholders or agents of any of them, disclaim, and shall be excluded by you from any and all liability and responsibility, including for any amount or kind of loss or damage, that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with the Website or any Content in any way, or in connection with your access, use, inability to use or the results of use of the Website or any Content, and/or of any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property, on account of your access to, use of, or browsing this Website, Content or any websites linked to the Website, or your downloading of any material or Content from the Website or any websites linked to the Website. If your use of material or Content on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. Some jurisdictions do not allow all of the disclaimers or exclusions of certain warranties or limitation of certain liabilities. Solely to the extent that they are held legally invalid, any such disclaimers, exclusions and/or limitations set forth in these Website Terms of Use shall not apply solely if an to the extent required under applicable law, and all other terms shall remain in full force and effect.

PRIVACY

Lexia is concerned about the privacy of users and visitors to the Lexia commercial Website(s), and has developed a policy to address privacy concerns. For more information, please see Lexia's Website Privacy Policy. As more fully described in the applicable privacy policy, when personal information is provided to Lexia through a Website, the information may be processed from and stored on servers located in the United States and globally, and by using the Website, you acknowledge and give Lexia authorization to such transfer, processing and storage. You understand that by using a Lexia Website, in accordance with its Website Privacy Policy, Lexia will or may collect, use, analyze, store and/or otherwise process your personal information and utilization data, and that Lexia may share such data with third party service providers for the purposes of improving or providing services, and otherwise in accordance with Lexia's Website Privacy Policy.

GENERAL

Governing Law and Jurisdiction.These Website Terms of Use (this "Agreement") shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its principles relating to conflicts of law.Any dispute arising out of or connected with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or of the U.S.District Court for Massachusetts.

Entire Agreement.

These Website Terms of Use, and any and all associated polices and terms referenced herein, constitute the entire agreement between you and Lexia and govern your use of the Website, superseding any prior agreements between you and Lexia with respect to the Website.

Waiver and Severability of Terms. The failure of Lexia to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Website Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Website Terms of Use shall remain in full force and effect.

Statute of Limitations. You agree that, to the maximum extent permitted under applicable law, any claim or cause of action you may have arising out of or related to these Website Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Last reviewed: May 12, 2023

Last updated: May 12, 2023

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