Terms and Conditions 

Last updated April 21, 2020


Eyeread is the developer of the Shoelace Learning Platform and Shoelace Learning Games such as Dreamscape (https://www.playdreamscape.com/).

Introduction

Eyeread Inc. and Shoelace Learning provides parents with information and resources to help their children with learning how to read.

Eyeread develops research based digital literacy technologies in the form of video games for all learners regardless of skill or circumstance. We have demonstrated reliable, repeatable success in Canada and around the world. We work with schools and organizations to support educators in the delivery of English literacy programming for students from preschool to adult. Our programs are unique because of the algorithms which have been designed and tested to keep users in their zone of proximal development ensuring learning content adapts to the users unique ability. The technologies are adopted by our clients because of their ease of implementation which leads to high user adoption and for the educator dashboards that automatically collect learner progress data and provide it back to educators in the form of simple dashboards to help inform their instruction.

Eyeread Inc. and Shoelace Learning is a series of digital games for kids who are learning to read. Their Shoelace Learning Platform is where the games and teacher tools are hosted. The Shoelace Learning Platform offers secure access to games designed to assess and advance their reading ability and provide them with personalized information to improve their learning. Text, images, and other material contained in Shoelace Learning are provided for general information purposes only and are not intended to be used as a substitute for specific professional diagnosis or health and medical advice. Any references on this site to products, tools, methods, services (including without limitation, medical and legal services), books, medications, treatments or individuals, or any opinions, views, information and other content contained in blogs on this site are provided for informational purposes only and are not endorsed by Shoelace Learning or Eyeread Inc. and Shoelace Learning.

Any and all text, images, other material containing opinions, information, ideas and suggestions concerning legal or medical issues that appear on this site or in any items downloaded from this site, and/or in emails concerning Eyeread Inc. and Shoelace Learning, are provided for general informational purposes only and may not be relevant to your specific situation. They are not intended as, and do not constitute, medical or legal advice. You should always consult your own educator, physician, qualified health-care professional and/or a qualified attorney for specific advice before making any decisions or taking any actions regarding your or your child’s education.

An Agreement

When you use any of our websites (collectively, the “Website”) and applications, (the “Applications”) you agree to all of these Terms, including our Privacy Policy and our Cookie Policy.

These Terms and Conditions (“Terms”) are an agreement between you and Eyeread Inc. and Shoelace Learning

Please be sure to read our Privacy Policy so that you understand how we use certain information to enhance your user experience of our website.

These Terms May Change.

We may change our Terms or our rules and policies from time to time. We will tell you when we do so. If you continue to use Eyeread Inc. and Shoelace Learning you agree to the new Terms, rules and/or policies.

Eyeread Inc. and Shoelace Learning (“we”) may change these Terms from time to time. If we do, we will post a notice on the Eyeread Inc. and Shoelace Learning homepage and, if we have your email address, email you material changes. Please periodically review these Terms.

When you continue to use Eyeread Inc. and Shoelace Learning after we have made a change to our Terms and made it available to you, you are agreeing and consenting to these changes. If you do not agree with the revised Terms of Service without limitation or qualification, do NOT log in, discontinue using Eyeread Inc. and Shoelace Learning and instruct us to disable any password assigned to you.

When using Eyeread Inc. and Shoelace Learning you are subject to the posted rules and policies, which we may modify from time to time. These rules and policies are part of these Terms. If we provide links to other websites on Eyeread Inc. and Shoelace Learning, those websites will have different terms and conditions.

Eligibility

By using Eyeread Inc. and Shoelace Learning and Dreamscape you represent and warrant that:

(i) you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside; and

(ii) your use of the Website and the Applications will not violate any applicable law or regulation in the province, state, territory or country in which you reside.

If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Website or the Applications unless your parent or guardian enters into these Terms of Service on your behalf and consents to your use of the Website and the Applications.

Accessing Eyeread Inc. and Shoelace Learning and Dreamscape Accounts

The use of Eyeread Inc. and Shoelace Learning and associated games requires registering for an account at www.shoelacelearning.com or www.playdreamscape.com. If you do so, you are responsible for maintaining the confidentiality of your password and screen name, and are fully responsible for all activities that occur under your password or screen name. Please immediately notify us of any unauthorized use of your password or screen name or any other breach of security by contacting us support[at]eyeread.co

When signing up to access certain features of the Website or the Applications or to participate in certain activities run on or through the Website or Applications, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.

If you are given a username and/or a password for the purpose of accessing certain features of the Website or the Applications or participating in certain activities run on or through the Website or Applications, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform us immediately.

You will be asked to suggest one or more usernames when you register with the Website or for the Applications. Please note that the assignment of a username to you is in our sole discretion. As well, we may, at any time, change any username or password assigned by us to you. We will notify you when we do so.

Memberships and Microtransactions

Access to the basic version of the Software is provided to you for free, while the premium version of the Software requires a paid membership. By starting your Dreamscape membership, you expressly agree that we are authorized to charge you the membership fee associated with membership (monthly, or annual). The prices associated with each membership and other charges are subject to change without notice. Membership begins on the date it is purchased (the “Purchase Date”) and will continue until cancelled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data. Micro transactions are also available in the game. These are one time purchases of in-game currency to be used in the game. Once a microtransaction is complete, you expressly agree that we are authorized to charge you for that transaction. These transactions are non-refundable. 

Monthly and Annual Memberships

We will bill the fee associated with your Membership at the then-current rate plus applicable taxes. To avoid billing of the next membership fee, you must cancel your membership before it renews. There are no refunds for memberships that have renewed and you have the option to cancel anytime.

Termination

Eyeread, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. Eyeread may, in its sole discretion, terminate access to the Site or Software without notice. You agree that Eyeread shall not be liable to you or any third party in the event of such termination of access to the Site or Software.

Posting Information

In the public areas of Eyeread Inc. and Shoelace Learning, you and other users may post reviews, comments, and other Content (as defined below); and submit suggestions, ideas, comments, questions, or other information. You are allowed to post this information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or have the potential to cause injury to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or provide other information that would mislead anyone as to who is responsible for your content. Eyeread Inc. and Shoelace Learning may remove or edit any Content that it finds offensive in any way, although it is not obligated to do so.

You understand that if you post information in public areas, we cannot control how others may use that information.

By submitting or sending content to us or otherwise making it available for display on or through the Website or Applications, you acknowledge and agree that the content is your User-generated Content (as defined below) and you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, copy, cache, publish, reproduce, publish, display, distribute, modify, adapt, publish, translate, create derivative works from, store and perform such User-generated Content (in whole or part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing us to administer, operate, display, distribute and promote the Website or the Applications including but not limited to allowing other sites to link to Content on the Website or the Applications, even if such User-generated Content has been contributed and subsequently removed by you. You acknowledge that we may need to do the following in order to operate, display or distribute the Website or the Applications and agree that we may do so:

(i) transmit user-generated Content over various networks; and

(ii) reformat user-generated Content.

 

If you contribute a link to another website, make sure that the operators of that website permit linking. You can do this by checking the terms of use for that website. If you are uncertain about whether or not you are permitted to link to a web site, either refrain from posting a link or link to the homepage of the website and include written directions in your post for how to navigate from the home page to the page that has the content about which you are commenting. You agree not to link to any page forming part of the Website other than the home page without our prior written approval.

You should maintain a back-up copy of any user-generated Content that you contribute to the Website or the Applications. In any event, we will not provide a copy of that User-generated Content to you. Additionally, we are not responsible for user-generated Content that is lost or destroyed for any reason.

We assume no obligation to update the Content. We reserve the right to change any and all Content at any time without notice. We and our licensors and suppliers are not responsible for any Content other than Our Content.

Our Intellectual Property

We or others own much of the information on Eyeread Inc. and Shoelace Learning website and applications. The information is posted for your personal use, not for your commercial purposes.

The contents of the Applications, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the App is the “Content”. The Content includes materials contributed to the Applications by or on behalf of Eyeread Inc. and Shoelace Learning (“Our Content”) and materials contributed to the Applications by users of the Website (“User-generated Content”). Eyeread Inc. and Shoelace Learning and its associated logos are our trademarks and/or service marks. To the extent there are trademarks, service marks, and logos from other organizations on Eyeread Inc. and Shoelace Learning, they are the trademarks, service marks, or logos of those organizations.

You are granted no general right or commercial license with respect to any Eyeread Inc. and Shoelace Learning trademarks, service marks, or logos, or of the trademarks, service marks, or logos of those other organizations.

We own, authored, created, purchased, or licensed or we shall own, author, create, purchase, or license substantially all of the materials available and other Content on or through Eyeread Inc. and Shoelace Learning. This material may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in these materials and Eyeread Inc. and Shoelace Learning. In exchange for your compliance with these Terms and Conditions for Eyeread Inc. and Shoelace Learning we hereby grant you a limited non-assignable license to access and make personal use of Eyeread Inc. and Shoelace Learning Under this license you may access the materials on Eyeread Inc. and Shoelace Learning, and download and reproduce information, including our logos, trademarks and service marks for your personal use only. You may not modify any materials or information, except with express written consent of Eyeread Inc. and Shoelace Learning. This license does not permit you to sell, license, and/or make any commercial use of Eyeread Inc. and Shoelace Learning or its contents and materials and/ or any information derived from Eyeread Inc. and Shoelace Learning and/or its contents and materials. Failure to comply with our Terms and Conditions results in an automatic revocation of this license. If you wish to request permission for additional uses of material, logos, trademarks and service marks appearing on Eyeread Inc. and Shoelace Learning other than those described above, you may send a written request to support[at]squigglepark.com

Ownership Rights

In some cases we may mark our information to let you and others know of our ownership rights. You won’t alter those marks.

In order to protect Eyeread Inc. and Shoelace Learning’s rights, photographs and videos made available on Eyeread Inc. and Shoelace Learning may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.

Complaints About Content and Property Rights

Let us know if you think information posted is violating someone’s property rights.

If Eyeread Inc. and Shoelace Learning determine you have posted information that may infringe upon the intellectual property rights of someone else, we may remove infringing material. We may also terminate a repeat infringer’s access to portions of Eyeread Inc. and Shoelace Learning.

If you have a good faith belief that your copyright is being infringed upon by any material on Eyeread Inc. and Shoelace Learning, or if you believe your rights, or the rights of someone else, are being violated in any way by material on Eyeread Inc. and Shoelace Learning, please send a notice to support[at]eyeread.co Please see the information included below about how to notify us of copyright complaints.

Procedure for Making Claims of Copyright Infringement

If you think information on Eyeread Inc. and Shoelace Learning is infringing on your copyright, our procedure lets you know whom you should contact and what information you should provide to us.

To comply with the Digital Millennium Copyright Act (“DMCA”) we have adopted the policy and procedure below so we can, at our sole discretion, quickly remove infringing material and terminate a repeat infringer’s access to portions of Eyeread Inc. and Shoelace Learning.

If you have a good faith belief that your copyright is being infringed on by any material on the website, please send a notice of claimed infringement, including the information listed below, to Eyeread Inc. and Shoelace Learning’s Designated Copyright Agent: Julia Rivard Dexter at julia[at]Eyeread.co

To ensure compliance with DMCA guidelines, your notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);

Information reasonably sufficient to permit us to contact you, such your address, telephone, fax, and/or an email address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Procedure for Making a Counter Notification

We have also instituted a counter notification policy designed to allow you to request that we replace material that has been removed. If you think we have removed information by mistake or have misidentified information as a result of a copyright infringement complaint, you can request that we replace the information. You need to follow our procedure to make that request. Whether we replace the material is at our sole discretion. If you would like to make a counter notification, you should provide information to Eyeread Inc. and Shoelace Learning’s Designated Copyright Agent: Julia Rivard Dexter at julia[at]Eyeread.co

To ensure compliance with DMCA guidelines, your notice of counter notification must include the following:

Your physical or electronic signature;

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Eyeread Inc. and Shoelace Learning may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.

Please note that information provided in these legal notices may be forwarded to the person who provided the allegedly infringing content.

Prohibited Conduct

This is a list of specific things that you agree you will not do when accessing or using Eyeread Inc. and Shoelace Learning.

You represent and warrant that you will not use Eyeread Inc. and Shoelace Learning to:

Violate any applicable local, provincial, state, national or international law or encourage or provide instructions to another to do so;

Use the Website or any Applications or tool provided on the Website or Applications for a commercial purpose;

Post any content that you are not authorized to post;

Post any content that infringes upon or violates any patent, copyright, trade secret, or other property right of any third party;

Act in a manner that negatively affects other users’ ability to use Eyeread Inc. and Shoelace Learning;

Post anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack;

Exceed your authorized access to any portion of Eyeread Inc. and Shoelace Learning;

Remove, delete, alter, circumvent, avoid, or bypass any watermark or digital rights management technology;

Use data mining, robots, screen scraping, or similar data gathering and extraction tools;

Collect or store personally identifying information about other users of the Website or Applications for any purposes unrelated to the Website or Applications that are illegal or unlawful; or

Reproduce (other than as necessary to lawfully access Eyeread Inc. and Shoelace Learning or for your own personal use), adapt, distribute, make available, communicate to the public, publicly display, or publicly perform any portion of Eyeread Inc. and Shoelace Learning or the materials on Eyeread Inc. and Shoelace Learning in whole or in part.

Our Actions If You Breach These Terms

If you breach these Terms, we can terminate your access immediately.

If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

Indemnification

You will pay us for any losses you cause.

You will indemnify and hold Eyeread Inc. and Shoelace Learning harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of any violation by you of these Terms.

Limitation of Liability

To the extent we can by law, we are limiting our liability to you.

To the extent allowed by law, Eyeread Inc. and Shoelace Learning shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

The delay, rejection, or removal any or all information on Eyeread Inc. and Shoelace Learning at any time for any or no reason whatsoever with or without notice to you;

The modification or discontinuation temporarily or permanently, of Eyeread Inc. and Shoelace Learning (or any part thereof) with or without notice to you for any or no reason whatsoever;

The immediate termination of your access to Eyeread Inc. and Shoelace Learning for any or no reason whatsoever and with or without notice to you;

The accuracy, usefulness, or availability of any information posted to or through Eyeread Inc. and Shoelace Learning; or

The loss or damage of any sort incurred by you as a result of interactions you have with any third parties, or with links to third-party websites, found on or through Eyeread Inc. and Shoelace Learning, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.

Disclaimer

We hope you’ll find Eyeread Inc. and Shoelace Learning a useful resource. We only provide information we think might be helpful. However, we disclaim any liability for the use or results of use of information available on Eyeread Inc. and Shoelace Learning.

YOU USE Eyeread Inc. and Shoelace Learning AT YOUR SOLE RISK. WE PROVIDE Eyeread Inc. and Shoelace Learning “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO Eyeread Inc. and Shoelace Learning SERVICES PROVIDED THROUGH Eyeread Inc. and Shoelace Learning, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THAT OF ANY THIRD PARTY THAT YOU USE TO ACCESS Eyeread Inc. and Shoelace Learning OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF Eyeread Inc. and Shoelace Learning.

WE MAKE NO WARRANTY THAT:

(1) Eyeread Inc. and Shoelace Learning WILL MEET YOUR REQUIREMENTS;

(2) Eyeread Inc. and Shoelace Learning WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(3) Eyeread Inc. and Shoelace Learning RESULTS WILL BE ACCURATE OR RELIABLE;

(4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH Eyeread Inc. and Shoelace Learning WILL MEET YOUR EXPECTATIONS; OR

(5) Eyeread Inc. and Shoelace Learning, ITS SERVERS, OR COMMUNICATIONS SENT FROM Eyeread Inc. and Shoelace Learning WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH Eyeread Inc. and Shoelace Learning SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IN NO EVENT SHALL Eyeread Inc. and Shoelace Learning BE LIABLE TO YOU

FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF Eyeread Inc. and Shoelace Learning HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. IN NO EVENT SHALL Eyeread Inc. and Shoelace Learning BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO Eyeread Inc. and Shoelace Learning FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE Eyeread Inc. and Shoelace Learning PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Claims Against Others

If you have claims against third parties related to your use of Eyeread Inc. and Shoelace Learning, you agree you will not include us in the dispute.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF Eyeread Inc. and Shoelace Learning, OR WITH ANY PARTY WHO PROVIDES ADVERTISING ON OR THROUGH Eyeread Inc. and Shoelace Learning, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON Eyeread Inc. and Shoelace Learning, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER OR HIM MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY PROVINCIAL, FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

Dispute Resolution

If we end up in a legal dispute, it will take place in Nova Scotia, applying Nova Scotia law.

You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration.

You understand that you must file a claim against us within one year after the issue arose.

These Terms and the relationship between you and us shall be governed by the laws of the Province of Nova Scotia, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention on Contracts for the Sale of Goods, which is expressly disclaimed.

 

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Province of Nova Scotia. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.

Any dispute relating in any way to your use of Eyeread Inc. and Shoelace Learning shall be submitted to confidential arbitration pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Nova Scotia before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis.

The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Underestood.org or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Additional Terms and Conditions

Please note that certain Services made available on or through the Website or Applications may require you to agree to further terms and conditions, including without limitation posted guidelines or rules applicable to such Services. Unless such terms and conditions expressly set out otherwise, if there is any inconsistency between those terms and conditions and these Terms of Service, these Terms of Service will prevail. All additional terms and conditions, including without limitation posted guidelines or rules, are hereby incorporated by reference into these Terms of Service.

Disclaimer Regarding Third Party Content and Linked Websites

Eyeread Inc. and Shoelace Learning, users of the Website or any Applications or third parties may provide links to resources not forming part of the Website. We have no control over such resources. You acknowledge and agree that we are not responsible for the availability of such external resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or through the Website or any

Applications, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third parties. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other third parties on the Website or any Applications.

Please note, if you provide any information to a third party (e.g., your contact information or credit card information), such information is collected by the third party and not by us, even if you made a purchase from a third party website that was linked from or framed within the Website or Applications.

Miscellaneous

You understand these Terms are the agreement between Eyeread Inc. and Shoelace Learning and you.

We can assign this agreement to an entity that takes over our business or as necessary to run our business.

If we don’t enforce part of these Terms, we can assert our right to do so in the future.

Certain parts of these Terms will survive even if this agreement is terminated.

These Terms constitute the entire agreement between you and Eyeread Inc. and Shoelace Learning, and govern your use of Eyeread Inc. and Shoelace Learning.

These Terms supersede any prior agreements between you and us with respect to Eyeread Inc. and Shoelace Learning. You also may be subject to additional terms and conditions that may apply when you use other Eyeread Inc. and Shoelace Learning websites or third-party websites.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

Eyeread Inc. and Shoelace Learning may terminate these Terms for any or no reason at any time by notifying you through a notice on squigglepark.com, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder.

Upon termination, the following sections will survive: (1) OUR INTELLECTUAL PROPERTY; (2) INDEMNIFICATION; (3) DISCLAIMERS; (4) LIMITATION OF LIABILITY; (5) DISPUTE RESOLUTION; (6) CLAIMS AGAINST THIRD PARTIES; (7) MISCELLANEOUS; (9) ACCESSING Eyeread Inc. and Shoelace Learning AND ACCOUNTS; (10) PROHIBITED CONDUCT; and (11) MISCELLANEOUS.

Last updated August 30, 2021