Terms and Conditions

PracticeSightReading.com

The following terms and conditions govern all use of the PracticeSightReading.com website and all content, services and products available at or through the website, including, but not limited to, the PracticeSightReading.com Deluxe service (“Pro”), (taken together, the Website). The Website is owned and operated by Jesse Clark L.L.C.. (“Jesse Clark”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Jesse Clark’s Privacy Policy) and procedures that may be published from time to time on this Site by Jesse Clark (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Jesse Clark, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your PracticeSightReading.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Jesse Clark of any unauthorized uses of your account or any other breaches of security. Jesse Clark will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

By submitting Suggestions or Content to Jesse Clark for inclusion, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content

Without limiting any of those representations or warranties, Jesse Clark has the right (though not the obligation) to, in Jesse Clark’s sole discretion (i) terminate or deny access to and use of the Website to any individual or entity for any reason, in Jesse Clark’s sole discretion. Jesse Clark will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms.

Optional paid services such as “Pro Service” is available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Jesse Clark the monthly or annual subscription fees indicated for that service (additional payment terms specifically for Pro services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PracticeSightReading.com links, and that link to PracticeSightReading.com. Jesse Clark does not have any control over those webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Jesse Clark does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jesse Clark disclaims any responsibility for any harm resulting from your use of websites and webpages.

Intellectual Property

This Agreement does not transfer from Jesse Clark to you any Jesse Clark or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Automattic. Jesse Clark, PracticeSightReading, PracticeSightReading.com, the PracticeSightReading.com logo, and all other trademarks, service marks, graphics and logos used in connection with PracticeSightReading.com, or the Website are trademarks or registered trademarks of Jesse Clark or Jesse Clark’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Jesse Clark or third-party trademarks.

Changes

Jesse Clark reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Jesse Clark may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Jesse Clark may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PracticeSightReading.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro account, such account can only be terminated by Jesse Clark if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Jesse Clark’s notice to you thereof; provided that, Jesse Clark can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. Jesse Clark and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jesse Clark nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Jesse Clark, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Jesse Clark under this agreement during the twelve (12) month period prior to the cause of action. Jesse Clark shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Jesse Clark Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Jesse Clark, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Jesse Clark and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Jesse Clark, or by the posting by Jesse Clark of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Larimer County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Loveland, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Jesse Clark may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.