Welcome to LiteracyTech, Inc., (“LiteracyTech, Inc., or “we”) and thanks for accessing our application and services. Please take time to read the provisions below carefully, because they are legally binding. These User Terms apply to your use of our application ReMo.app (the “Application”), including services provided through the Application, and related software provided through or downloaded from the Application (collectively the “Services”).
Your use of the Services is governed by these terms and conditions (this “Agreement”). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Application, or you are a user with a registered account.
LiteracyTech, Inc. reserves the right to modify or change the terms of this Agreement. Any modification shall be effective once posted to the Application and/or website. You agree to be bound to any changes to this Agreement when you use the Services after any modification to this Agreement has been posted. Please review this Agreement regularly to ensure you are updated as to any modifications.
The term “User” refers to any visitor or registered user of the Services, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. If you do not agree with it, you should leave the Application and discontinue use of the Services immediately. If you wish to become a registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process
By using the Services, you represent to us that (a) any registration information you submit is truthful and accurate; (b) if you are thirteen (13) years of age or younger, your parent has provided the necessary consent permitting your use of the Services; and (c) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your use of the Services and Application may be terminated without warning or notification to you, if we believe that you are under thirteen (13) years of age and have not provided the necessary consent.
Access to the Services is on a subscription basis, except where you are using any trial period granted by us or are subscribed to one of our free Services. For the use of Services requiring payment, we will charge you a monthly, quarterly, or annual subscription fee based on the level of Service you are subscribed to; and, prices are subject to change (“Subscription Fee”).
You grant us the right to audit your use of the Services, so as to ensure compliance by you with these User Terms.
Any default in payment shall entitle us to suspend or restrict access to your account until payment is received, or to terminate this agreement and delete your User information and content. Late payment fees may also be incurred.
There are no cancellations or returns. All orders placed on the Application will be processed once you complete the checkout process.
We may at any time, upon notice required by applicable law, change the price of the Subscription Fee or institute new changes or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of change. If you do not agree to any such price changes, then you must cancel your account and cease from using the Services. Your continued use of the Services after the effective date of change shall constitute your acceptance of such change.
All purchases are renewable subject to the applicable renewal process for that Service (i.e. monthly, quarterly, or annually). You have the option to upgrade and purchase additional services based on the same renewal process applicable to the level of Service you are subscribed to. Additional fees may apply to any upgrade.
3. REGISTRATION AND PRIVACY
When you sign up to become a User, you will also be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account. You agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Services on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the terms and conditions provided herein and you agree to accept liability for harm caused by any wrongful use of the Services resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
Your use of the Services, including any registration process, may involve disclosure to LiteracyTech, Inc. of your personal data, which shall include sensitive personal data (“User Content”). In the event that you do so disclose such personal data you:
WE DO NOT SHARE PERSONAL INFORMATION WITH THIRD PARTIES EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE STATEMENT BELOW.
We may provide Personal Information to third parties for their use in performing internal business functions (e.g., payment processing, customer service, maintenance, security, data analysis, analytic tools, email transmission, beta testing, or data hosting) on our behalf. Additionally, some third party service providers may collect information, including Personal Information, on our behalf. Whenever possible, we require such third-parties to only collect and use Personal Information in accordance with this Policy, to maintain the confidentiality, security, and integrity of such Personal Information, and for no purpose other than providing us with our requested services.
If you are unwilling to submit Personal Information that is necessary to provide or use the LiteracyTech, Inc. Application and/or its Services, you will not be able to register, access or participate in most or all of LiteracyTech, Inc.’s Application and/or Services.
4. INTELLECTUAL PROPERTY
All content available on the Application, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of LiteracyTech, Inc., our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Application (collectively the “Trademarks”) are the registered and unregistered marks of LiteracyTech, Inc., our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Application may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
5. USE OF SERVICE; LIMITED LICENSE
In consideration for your continuing agreement to these User Terms, including the payment by you of the fees charged by us (if applicable) for use of the Services, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non sublicensable license for the duration of the Agreement created by these User Terms to use the Services solely and strictly for your own use in the fields of education and schooling.
You agree not to access (or attempt to access) any part of the Services by any means other than through the interface that is provided by us.
You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Application or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Application, its content or source code without our prior written permission.
You agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are connected to the Services.
In order to enhance user experience, you agree that we may change the structure, content and nature of the Services at any time without notice to you. In particular, you agree that:
- we may cease providing any or all of the Services to you;
- if we (in our sole discretion) determine that your bandwidth usage exceeds your allotted level based on your “subscription fee”, we may control your use of the Application by reducing or preventing your access.
We may choose to update the Services. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Services. You agree that we may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
We will maintain the Services and User Content at a reputable third party Internet Service Provider (“ISP”), hosting and cloud storage facility, to be subject to commercially reasonable security precautions to prevent unauthorized access to the Services and User Content. You acknowledge that, notwithstanding such security precautions, use of or connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Services and User Content. Accordingly, and notwithstanding any other provision of these User Terms, we cannot and do not guarantee, and will not be liable in any way to you or any other party for the privacy, security, loss or authenticity of any information transmitted over the internet (including any User Content).
You represent and warrant to us that any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We reserve the right to decline any application from you to register as a User of the Services in our sole discretion and/or to suspend your use of the Services where we in our sole discretion believe that you are in breach of any provision of these User Terms.
If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at email@example.com.
International Users & U.S.-EU Switzerland Safe Harbor
- LiteracyTech, Inc. Application and/or Services may be hosted in the United States. If you utilize our Application and/or Services from the European Union or Switzerland, or any other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data outside of those jurisdictions to the United States. The United States does not have the same data protection laws as the European Union, Switzerland and other regions. By providing Personal Information under this Policy, you consent to the use of your Personal Information in accordance with this Policy and the transfer of your Personal Information to the United States.
- LiteracyTech, Inc. is committed to complying with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. LiteracyTech, Inc. is committed to adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
“Confidential Information” means any information that is treated as confidential by a party, including, without limitation, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing.
- not use LiteracyTech, Inc’s. Confidential Information other than in connection with performing your obligations under this Agreement and shall make no use of any such Confidential Information, directly or indirectly, in any manner to the detriment of LiteracyTech, Inc. or in order to obtain any competitive benefit with respect to LiteracyTech, Inc; and
- maintain LiteracyTech, Inc’s. Confidential Information in confidence and, subject to (ii) below, not disclose any of LiteracyTech, Inc’s. Confidential Information without LiteracyTech, Inc’s. prior written consent; provided, however, that you may disclose LiteracyTech, Inc’s. Confidential Information to its officers, employees, consultants, and legal advisors (“Representatives“) who: (i) have a “need to know” for purposes of your performance under this Agreement, (ii) have been apprised of this restriction; and (iii) are themselves bound by nondisclosure restrictions at least as restrictive as those set forth in this Section.
You shall be responsible for ensuring your Representatives’ compliance with, and shall be liable for any breach by your Representatives, of this Section 6. You shall employ the same efforts you use with respect to your own confidential information to safeguard LiteracyTech, Inc’s. Confidential Information from use or disclosure to anyone other than as permitted hereby.
- Exceptions. Confidential Information does not include information of LiteracyTech, Inc. that:
- is already known to you without restriction on use or disclosure prior to receipt of such information from LiteracyTech, Inc;
- is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, you; or
- is received by you from a third party who is not under any obligation to LiteracyTech, Inc.to maintain the confidentiality of such information.
If you become legally compelled to disclose any of LiteracyTech, Inc’s. Confidential Information, you shall:
- provide prompt written notice to LiteracyTech, Inc. so that LiteracyTech, Inc. may seek a protective order or other appropriate remedy or waive its rights under this Section 6; and
- disclose only the portion of Confidential Information that you are legally required to furnish.
If a protective order or other remedy is not obtained, or LiteracyTech, Inc. waives compliance, you shall, at LiteracyTech, Inc’s. expense, use reasonable efforts to obtain assurance that confidential treatment will be afforded the Confidential Information.
- Term. The obligations with respect to Confidential Information shall terminate:
- five (5) years after the date of termination or expiration of all such contracts, agreements, and/or subscriptions between LiteracyTech, Inc. and you.
7. USER CONTENT
LiteracyTech, Inc. does not claim any ownership rights and you agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) in the text, files, images, including but not limited to photos, video, sounds, musical works, works of authorship, or any other materials and other like materials that you create, upload, download, transmit, store, post, email or display while using the Services (any and all such content User Content) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so. We do not control the User Content used in the Services, nor do we guarantee the accuracy, integrity or quality of such User Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LiteracyTech, Inc., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LiteracyTech, Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
By uploading any User Content and/or using or storing any User Content through the Services you represent and warrant that:
- you have the lawful right to reproduce and distribute such User Content;
- the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- the User Content submitted by you will not be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including rights of celebrity, privacy and intellectual property; and
- the User Content submitted by you will not breach national or international data protection or intellectual property laws, nor infringe the intellectual property rights or other statutory rights of any third party.
- you are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Application and through the Services. We reserve the right to remove such content or your User Generated Content if required by such third parties.
You acknowledge and agree that we are not responsible or liable in any way for any User Content provided by you or other users and have no duty to moderate such User Content. However, we reserve the right at all times to determine whether User Content is appropriate and in compliance with these User Terms, and may move, modify and/or remove User Content at any time, without prior notice and in our sole discretion, if such User content is found to be in non-compliance with these User Terms or notified to us as objectionable by a third party. We also reserve the right to provide User Content to any third party who, in our sole opinion, demonstrates a proper legal basis for such disclosure.
In the event a User’s account expires or is terminated prior to the age of eighteen (18), LiteracyTech, Inc. reserves the right to retain the User’s information, (including data, analytics, and account information), for purposes of allowing the User to re-subscribe at a later date, without losing his or her data and progress. If a User does not want LiteracyTech, Inc. to exercise this right, the User, or a parent of the User if such User is under the age of thirteen (13), must email his or her request for the Company to delete the User’s information at firstname.lastname@example.org. LiteracyTech, Inc. may change this policy at any time.
You shall indemnify us and hold us harmless, without limitation and upon demand, against any claims, proceedings, actions, costs, damages, expenses, liability, losses and demands (including reasonable legal expenses) that may be incurred by us and whether directly or indirectly arising from: (a) any User Content you submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) any breach by you of these User Terms; or (d) infringement by you or your User Content of third party intellectual property rights. You also agree to indemnify us for any loss, damages or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
9. NO ERROR OR BUG FREE PERFORMANCE
10. LINKS TO OTHER SITES/APPLICATIONS, THIRD PARTY SERVICES,
NEWSLETTERS AND FORUMS
The Application may contain links to web sites and/or other applications not operated or maintained by LiteracyTech, Inc. These links are provided solely as a convenience to you and not as an endorsement by LiteracyTech, Inc. of the contents of such third party web sites and services. The Application might also include forums, contests, products, services, newsletters, pools and communications that we send to our users and may contain links to content provided by third-parties. LiteracyTech, Inc. is not responsible for the content of the sites/applications of others and makes no representation regarding the content or accuracy of materials on such sites/applications. If you decide to access the content or participate in any forum, contest, product review, service, newsletter, pool and communication, you do so at your own risk, and waive any and all claims against LiteracyTech, Inc. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-application pages or any other websites/applications linked to or from the Application, nor do we assume any such responsibility or liability for the actions, content, products, or services of such pages and websites/applications, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-application pages and other websites/applications that you visit.
11. LINKS TO LITERACYTECH, INC. SITE AND/OR APPLICATION
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Application for personal, noncommercial, use in the fields of education and schooling only. A website or other application that links to our Application (1) may link to, but not replicate, our content; (2) may not imply that we are endorsing such website or its services or products; (3) may not misrepresent its relationship with us; (4) may not contain content that may be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (6) may not use any trademark without express written permission; (7) may not link to any page of the Application other than the homepage. We may, in our sole discretion, request that you remove any link to the Application, and upon receipt of such request, you shall immediately remove such link.
12. LICENSE-RELATED POLICIES
The Services available on the Application, and any samples thereof we may provide to you, are for personal use in the fields of education and schooling only. You may not sell or resell any of the Services, or samples thereof, that you purchase or otherwise receive from us. We reserve the right to, with or without notice, cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our terms and conditions herein.
For those users selected by LiteracyTech, Inc. to use, test, and evaluate the Application (hereinafter “Beta Testers”), as well as those initial users that LiteracyTech, Inc. declares “Early Adopters,” formal feedback, the form of which is to be determined by LiteracyTech, Inc. shall be required. For all other users, we welcome inquiries or feedback on the Services you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
14. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
The Application is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Application, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
You agree that we will not be responsible or liable, under any circumstances, for any: (1) interruption of business; (2) access delays or access interruptions to the Application; (3) data non delivery, misdelivery, corruption, destruction or other modification; (4) loss or damages of any sort incurred as a result of dealings with or the presence of off-application links on the Application; (5) computer viruses, system failure or malfunction that may occur in connection with your use of the Application, including during hyperlink to or from third-party websites; or (6) events beyond our reasonable control.
Further, to the maximum extent permitted by law we will not be liable for any indirect special, incidental, or consequential damages of any kind (including lost profits) related to the Application regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100).
15. DISPUTE RESOLUTION
This Agreement shall be interpreted, construed and governed by the laws of the State of Maine, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement, and not subject to arbitration proceedings as stated below, shall lie exclusively in the District Courts of the State of Maine in Cumberland County or the Federal District Court of the State of Maine (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, LiteracyTech, Inc. shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
16. WAIVER AND SEVERABILITY
17. ENTIRE AGREEMENT
18. YOUR COMMENTS AND CONCERNS
This Application is operated by LiteracyTech, Inc., with a mailing address at P.O. Box 1763 Lewiston, Maine 04241-1763. All notices of copyright infringement claims should be sent to email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Application should also be directed to: firstname.lastname@example.org.