As of October 1, 2020
Welcome to the website of Reading For Education, LLC (including its subsidiaries (SchoolStore, RocketRaise, Caring For Classrooms) or corporate affiliates, collectively, "RFE," "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".
2. COPYRIGHT/TRADEMARK - LICENSE TO USE
Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by RFE.
Certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
Except as may be expressly permitted by RFE, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only RFE is under no obligation to keep the Content updated. RFE, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
3. USER PROVIDED OR GENERATED CONTENT
As used in this Section, (i) "User Provided or Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service you or other Website users may post; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
- Agreement Regarding Content. By posting, distributing, sending or displaying User Provided or Generated Content to the Website, you:
- grant to RFE a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Provided or Generated Content for any purpose to the extent permissible by applicable law;
- represent and warrant that: (i) you own and control all of the ownership rights to the User Provided or Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Provided or Generated Content on or through this Website; (ii) such User Provided or Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and (iii) the usage, publication and posting of such User Provided or Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity.
User Provided or Generated Content submitted by you is deemed non-confidential and non-personal information and RFE is under no obligation to treat such User Provided or Generated Content as proprietary information. Without limiting the foregoing, RFE has, or otherwise reserves, the right to use the User Provided or Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. RFE is under no obligation to offer anyone any payment or compensation for User Provided or Generated Content, respond to any User Provided or Generated Content, or to attribute authorship of User Provided or Generated Content to you or anyone else. If, nonetheless, under any applicable law, it is determined that you retain moral or similar rights in the User Provided or Generated Content which you have posted to the Website, you hereby agree that: (i) you won't require that any personally identifying information be used in connection with the User Provided or Generated Content; (ii) you won't oppose the publication, use, modification or deletion of the User Provided or Generated Content by RFE; and (iii) you waive and will not claim or assert any entitlement to any moral rights in any of the User Provided or Generated Content, to the extent permissible under applicable law.
This Website may contain sections or areas that allow you to create, post, share, exchange and otherwise interact with RFE or other users of the Website. When RFE provides such Website Interactive Areas, you are solely responsible for your use of such Website Interactive Areas and you use them at your own risk.
When using any Website Interactive Area, you agree to not, upload, transmit, distribute, store, create or otherwise publish any inappropriate, unlawful, or similar content, including but not limited to the following: (i) material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) material that promotes illegal drugs, tobacco or firearms use; (iii) material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations; (iv) material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party; (v) material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity; (vi) advertising or links to other commercial websites; (vii) names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, social security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party; (viii) viruses, corrupted data or other harmful, disruptive or destructive files; (ix) material that is unrelated to the topic of the Website Interactive Areas in which such material is posted; (x) material that communicates messages that are objectionable, harmful, prejudicial, inconsistent with the goodwill of RFE or which otherwise violates these Terms and Conditions in RFE’s sole discretion.
RFE is not responsible or liable for any User Provided or Generated Content posted, published, displayed or uploaded by users of the Website, or for any loss or damage thereto, nor is RFE liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Website Interactive Areas, RFE is not and liable for any statements, representations or User Provided or Generated Content provided by its users on this Website. RFE has no legal or contractual obligation to screen, edit or monitor any of the User Provided or Generated Content posted, published, displayed or uploaded to or through any Website Interactive Area and makes no claim that it will do so. However, RFE reserves the option and right, at its sole discretion, to remove or modify any User Provided or Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.
Any use of the Website, including the Website Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website.
4. USER SUBMISSIONS AND COMMENTS
RFE welcomes your feedback regarding our existing products, offerings, and customer service, subject to Section 3 above. Please feel free to share your valuable feedback.
5. THIRD-PARTY CONTENT AND LINKS
Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. RFE does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and RFE is not responsible for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.
This Website may contain links to third-party services and resources. You acknowledge that (a) RFE is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) RFE is not responsible for any other form of transmission received from any linked website. The inclusion of any link is for your convenience and does not imply endorsement by RFE of the website. Any concerns regarding any such link should be directed to the particular third-party website.
6. ACCESS TO AND USE OF WEBSITE
The Website is provided for access and use only by person located in the United States. You acknowledge that you will not attempt to use the Website or access any services through it from outside of the United States. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to or on this Website or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. You must have reached the age of majority in your jurisdiction of residence or older to use the Website or must have the agreement of your parent/legal guardian to be bound to these terms on your behalf.
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. You specifically agree not to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website; (b) hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (c) damage, disable, overburden, transmit any worms, viruses, trojans, or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website; (d) violate any applicable laws, rules or regulations; (e) use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or (f) use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, or for any purpose that is prohibited by these Terms and Conditions.
7. ACCOUNT SECURITY
For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
You agree to defend, indemnify and hold harmless Reading For Education, LLC, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, “RFE ") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. RFE reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with RFE in asserting any and all available defenses.
9. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, RFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RFE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, RFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY RFE OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
RFE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY RFE OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL RFE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "RFE RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE RFE RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. NOTWITHSTANDING, IF ANY OF THE RFE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THE RFE RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
11. AGREEMENT TO ARBITRATE; CHOICE OF LAW
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THIS SECTION 11, BY USING THE WEBSITE YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS SECTION CAREFULLY.
You acknowledge and agree that: (a) the Website shall be deemed solely based in Tennessee; and (b) the Website shall be deemed not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Tennessee. These Terms and Conditions are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, the Website shall be settled by binding individual arbitration in Nashville, Tennessee. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The party seeking to initiate arbitration must notify the adverse party in writing of a Demand for Arbitration. If the parties cannot mutually agree on an acceptable arbitrator within twenty days after the adverse party has received the Demand for Arbitration from the initiating party, the parties shall submit a joint-request for arbitration to the American Arbitration Association ( "AAA"), and shall allow the AAA to select the arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a panel of three arbitrators each experienced in commercial contract disputes for at least seven (7) years and each having presided over at least five (5) previous arbitration matters, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any potential arbitrator who is employed by or affiliated with a competing organization or entity thereby resulting in a conflict-of-interest. An award of arbitration may be confirmed in a court of the State of Tennessee, and in the event of non-compliance with the arbitration ruling, the prevailing party may seek to enforce the arbitration decision in the Tennessee courts.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU, ON THE ONE HAND, AND RFE, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing provisions of this Section 11, (a) we shall be entitled to obtain injunctive relief and specific performance from any court of competent jurisdiction, for example, to stop you from using the Website or the Services in a manner that violates these Terms and Conditions, and (b) you shall be entitled to bring an individual action in small claims court.
12. Timing of a Claim.
ARBITRATION MUST BE INITIATED BY THE AGGRIEVED PARTY WITHIN ONE (1) YEAR OF THE ALLEGED CONDUCT THAT MAY GIVE RISE TO ANY CAUSE OF ACTION OR DISPUTED MATTER TO BE ARBITRATED THAT ARISES OUT OF OR IS RELATED TO THE WEBSITE AND/OR THESE TERMS AND CONDITIONS. IF ARBITRATION IS NOT INITIATED WITHIN ONE (1) YEAR OF A DISPUTE OR CAUSE OF ACTION COMING INTO EXISTENCE, SUCH CAUSE OF ACTION CANNOT BE PURSUED AND IS PERMANENTLY BARRED FROM ARBITRATION AND LITIGATION.
13. Prevailing Parties.
Conditions, including arbitration proceedings, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys’ fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).
14. MISCELLANEOUS LEGAL PROVISIONS
These Terms and Conditions are effective unless and until terminated by either you or RFE. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. RFE may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting RFE products and services available in the United States.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of RFE to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
RFE's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of RFE's right to comply with law enforcement requests or requirements.
TERMS OF SALE
1. YOUR ORDERS
By placing an order with RFE, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided. When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.
RFE reserves the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, RFE shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
RFE accepts the following methods of payment on our Website: Visa, MasterCard, American Express, Discover, and PayPal.
2. PRODUCT DESCRIPTION AND PRICING
All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.
All prices displayed on the Website are quoted in US Dollars ($).
Shipping costs may be applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
3. SHIPPING, DELIVERY, RETURNS AND EXCHANGES
If a customer is unhappy with their product for any reason, they may contact us to make an exchange for the item. Please note that if a customer purchased online and the fundraiser they supported has not yet been paid out, then the customer can receive a full refund, but the refund may be deducted from the online sales of that fundraiser as well as the eventual payout to the fundraiser.
RFE does not ship internationally.
4. Gift of Reading Gift Cards:
Redemption of Gift of Reading Gift Cards may only be made at www.giftofreading.com. (a) NO fees are charged for the use of the gift cards beyond shipping and appropriate taxes. (b)The gift cards have NO expiration date. (c) The gift cards are not refundable for cash except where required by law. (d) Unused balances will remain on the card. (e) Gift cards remain the property of the school where issued and are not transferable. (f) Gift cards should only be used to purchase items for the classroom.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, RFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL RFE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "RFE RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE RFE’S RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE RFE RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
Reading For Education, LLC
180 Freedom Ave.
Murfreesboro, TN 37129
Phone: (615) 896-3800