TERMS OF USE
Last Modified: April 12, 2024
Welcome to Our Website!
Welcome to the website of Reading for Education, LLC, including its subsidiaries and affiliates (collectively, "RFE," "we," "our," or "us"). RFE is committed to providing you with a friendly experience and wants to make sure that you understand our expectations for your use of our website.
By using our website, you are agreeing to these Terms of Use ("Terms"). These Terms will apply to all RFE websites that have these Terms on the applicable website's homepage, including, without limitation, http://www.readingforeducation.org/, https://www.caringforclassrooms.org/, and https://www.schoolstore.com/info/ (collectively, the "website").
Please read these Terms carefully.
Eligibility
You may only use the website if you are 18 or more years of age and allowed by law to enter into a binding contract. To access or use certain features of the website, you may be required to register or provide certain information. When you register for an account, you agree to provide true, accurate, current, and complete information.
Accessing and Using Our Website
You must follow any policies made available to you within the website.
Don't misuse our website. For example, don't interfere with our website or try to access it using a method other than the interface and the instructions that we provide. You may use our website only as permitted by law. We may suspend or stop providing you access to our website if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our website does not give you ownership of any intellectual property rights in our website or the content you access. You may not use content from our website unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used on our website or otherwise confer any transfer of intellectual property rights to you. Don't remove, obscure, or alter any legal notices displayed on our website. You are authorized to use the website strictly for personal, non-commercial purposes in compliance with all applicable laws, or for commercial purposes authorized by us in writing.
In connection with your use of the website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some functionalities of the website require secure account credentials (e.g., username and password). You are solely responsible for the confidentiality of your account credentials, and you agree that will not share them with others or allow unauthorized access to those protected sections of the website. RFE disclaims any liability for losses incurred due to your failure to maintain the confidentiality of your account credentials. Immediate written notification to RFE is required if you suspect or experience any unauthorized access to or security incident concerning your account.
Prohibited Uses
You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate RFE, a RFE employee, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm RFE, or users of the website, or expose them to liability.
Additionally, you agree not to:
- Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
- Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
- Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the website.
If you encounter content or a user that you believe violates the above policies, please report it to us using contact information noted at the end of these Terms.
Managing Content and Communications
Although it is not our intention at this time to do so, we reserve the right, in our sole discretion, to delete or remove any content you provide on or through the website from the website and to restrict, suspend, or terminate your access to all or part of the website, with or without cause to do so (including, without limitation, our good faith belief that you have violated these Terms), without prior notice or liability.
RFE may, but is not obligated to, monitor or review any areas on the website where you transmit, post, or provide content, including but not limited to areas where our products and services are available.
To the maximum extent permitted by law, RFE will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. RFE also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of your content.
Comments and Feedback
If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, observations, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website(s). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Trademarks
RFE or its parent, subsidiaries, or affiliates, or third parties from whom we have permission, own the trademarks or service marks that are used on the website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of RFE and its licensors may not be used without prior written consent of RFE or its licensor, as the case may be. Without limiting the foregoing, our trademarks or trade dresses may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
Proprietary Rights
Your use of the website confirms your acknowledgment that the website contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and RFE owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.
Modifying and Terminating Our Website
We are constantly changing and improving our website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
You may stop using our website at any time. We may also stop providing services to you, or add or create new limits to our website at any time.
Links from the Website
If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and are not intended and should not be construed as any endorsement or approval of, association with, or control over any such organization or site or the contents thereof. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, and disclaim all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
OUR WEBSITE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE FREE OF ERRORS, VIRUSES, OR OTHER MALICIOUS CODE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR ANY OF OUR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless RFE, and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the website or in violation of these Terms.
BINDING ARBITRATION AND CLASS ACTION WAIVER
Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors, and employees arising out of or relating to these Terms or your use of the Website shall be settled exclusively by binding arbitration, conducted by a single arbitrator in the city of Nashville, Tennessee, in accordance with, but not administered by, the American Arbitration Association's ("AAA") Consumer Arbitration Rules ("Rules"), with the exception that, notwithstanding anything to the contrary in the AAA Rules, each party to the arbitration shall equally bear their own respective costs and expenses in participating in the arbitration and shall equally share in the costs and fees contemplated by the AAA Rules, including, without limitation, all arbitrator expenses. In accordance with the AAA Rules, the party initiating the arbitration (either you or RFE) is responsible for paying the filing fee.
Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
Waiver and Severability
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other Terms.
Assignment
Your right to use the website and/or any licenses granted under these Terms are not excludable, assignable, or transferable, including by operation of law or otherwise. Any attempted assignment or transfer in violation of the forgoing is null and void.
Entire Agreement
These Terms constitute the sole and entire agreement between you and RFE regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
TERMS OF SALE
IMPORTANT: THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "BINDING ARBITRATION AND CLASS ACTION WAIVER" PROVISION, ABOVE. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy and any terms in those agreements shall have the same meaning here.
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.
5. DISCLAIMER/WARRANTIES
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.
Changes to These Terms
We may modify these Terms or any additional terms that apply to the website to, for example, reflect changes to the law or changes to our website or the services or products offered through our website. You should look at the Terms regularly. We will post notice of modifications to these Terms on this page by updating the "Last Modified" date at the top of this webpage. Changes will not apply retroactively and will become effective as soon as this webpage's "Last Modified" date is posted. If you do not agree to the modified terms for a service, you should discontinue your use of that service.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to our website should be submitted through any of the below contact methods:
Reading for Education, LLC
180 Freedom Avenue
Murfreesboro, TN 37129
Phone: (615) 896-3800
Email: [email protected]