Terms of Service

1. ReadClub Platform

The ReadClub Platform is an online bilingual reading and language learning platform that enables individuals ("User," "you," or "your") to access, read, and practice with interactive books and educational content. A User who purchases or uses services is a "Parent." A Parent makes purchases and manages account settings on behalf of a child (the "Learner") and is the parent or legal guardian of said Learner.

You acknowledge and agree that: (a) ReadClub provides the ReadClub Platform to facilitate access to books and educational content, (b) ReadClub licenses book content from various publishers, (c) ReadClub is not responsible for the content of books provided by third-party publishers, and (d) ReadClub disclaims all liability for the conduct of Users of the ReadClub Platform or books.

2. Access and Use of the ReadClub Platform

2.1 Account Registration and Eligibility

To use ReadClub, a parent or legal guardian must create an account and agree to these Terms. You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal authority to enter into this agreement on behalf of yourself and your child.

When you create an account, you agree to provide accurate, current, and complete information and to keep your account details up to date. Each household may maintain only one ReadClub account unless we approve otherwise in writing. You are responsible for all activity that occurs through your account, including any activity by your child or other authorized users.

Learner Accounts

Parents or legal guardians may create one or more learner profiles for their children. Learner profiles may only be used by the child for whom they are created and solely for accessing ReadClub's educational Services. You are responsible for determining whether the Services are appropriate for your child and for supervising your child's use of ReadClub.

By creating a learner profile, you confirm that you are the child's parent or legal guardian, you consent to your child's use of the Services, and you accept these Terms on your child's behalf. You remain fully responsible for your child's actions on the platform and for ensuring compliance with these Terms and all applicable laws.

ReadClub may suspend or terminate accounts that provide inaccurate information, violate these Terms, or create risk to the safety, privacy, or integrity of the ReadClub community.

2.2 Member Account, Password and Security

You are solely responsible and liable for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify ReadClub of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. ReadClub will not be liable for any loss or damage arising from your failure to comply with this Section.

2.3 General Practices Regarding Use and Storage

You acknowledge that ReadClub may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ReadClub's servers on your behalf. You agree that ReadClub has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ReadClub reserves the right to terminate accounts that are inactive for an extended period of time.

Reading progress data stored locally on your device (including "todayReadingTime" and historical reading progress entries) may be automatically cleaned after 180 days. You acknowledge that ReadClub has no responsibility or liability for the deletion of locally stored data.

2.4 Voice Recordings

Reading sessions that utilize ReadClub's Read Aloud or Voice Tutor features are automatically recorded by ReadClub ("Voice Recordings"). Specifically, Voice Recordings are made available to ReadClub in order to allow us to (a) build a personalized pronunciation profile for your child, allowing the app to adapt to their specific speech patterns and improvement over time, (b) generate personalized progress reports and adaptive difficulty levels for the student, (c) provide pronunciation feedback and personalized learning experiences to Learners, including Parents of such Learners, who are using the Service, (d) allow Parents to review their child's progress, and/or (e) review the session for educational and quality improvement purposes. In addition, ReadClub may use Voice Recordings to improve our Services, for customer support, and for compliance and legal purposes. ReadClub retains Voice Recordings for 90 days after the date of the applicable session as subject to our Privacy Policy.

If your account is affiliated with a school or educational institution, authorized teachers or school administrators may also access Voice Recordings for their enrolled students to review progress, provide feedback, and support educational goals.

Notwithstanding the foregoing, ReadClub may also delete Voice Recordings earlier than 90 days under the following circumstances: (i) upon the request of a Parent for the deletion of their Learner's personally identifiable information, or (ii) upon the reasonable determination of ReadClub that a Voice Recording should be removed to protect the privacy of certain Users or because of violations of these Terms. Except as otherwise stated, we will not use Voice Recordings containing audio of you (or your Learner) for promotional or any other purposes without your express written consent. By using the Services, you consent to you and/or your Learner appearing in Voice Recordings for the limited purposes set forth above.

How to Delete Voice Recordings: Parents may request deletion of their Learner's Voice Recordings at any time by contacting ReadClub at support@readclub.co with the subject line "Voice Recording Deletion Request." Please include your account email address and the Learner's name in your request. We will process your deletion request within 30 days of receipt. Please note that deletion of Voice Recordings may affect the functionality of personalized features such as pronunciation profiles and progress reports.

2.5 Class Recordings

Live classes or sessions offered through ReadClub's virtual classroom tools may be automatically recorded by ReadClub ("Class Recordings"). These recordings are created to support educational use, including to: (a) allow enrolled learners and their parents or legal guardians to view a replay of the session, and/or (b) allow ReadClub instructors or facilitators to review the session for instructional, quality, training, or safety purposes.

Some classes may be hosted by multiple instructors, facilitators, or partner organizations acting on behalf of ReadClub. In those cases, Class Recordings may be accessible to the relevant instructors or organization personnel and not limited to a single individual.

If your account is affiliated with a school or educational institution, authorized teachers or school administrators may also access Class Recordings for their enrolled students to review sessions, monitor participation, and support educational goals.

ReadClub may also access and use Class Recordings as reasonably necessary to operate, maintain, and improve the Services, provide customer support, enforce our policies, and comply with legal or regulatory obligations.

Unless otherwise stated, ReadClub retains Class Recordings for up to 90 days after the date of the class, in accordance with our Privacy Policy. ReadClub may delete recordings sooner if: (a) a parent or legal guardian requests deletion of their child's personal information, or (b) ReadClub determines in good faith that removal is appropriate to protect user privacy, safety, or to address violations of these Terms.

ReadClub will not use Class Recordings that include identifiable images, voices, or information of learners or parents for marketing or promotional purposes without prior explicit consent from the parent or legal guardian.

By enrolling a child in a live class or session, you acknowledge and consent to your child's participation in Class Recordings for the limited purposes described above.

How to Request Deletion of Class Recordings: Parents or legal guardians may request deletion of a Class Recording by contacting support@readclub.co with the subject line "Class Recording Deletion Request" and including the account email, Learner name, and the class date/time. We will review and process requests in accordance with our Privacy Policy and applicable law.

2.6 Modifications to Service

ReadClub is constantly developing new features to help improve the Services and your experience. As part of this continual improvement, ReadClub may add or remove features and functionalities, increase or decrease limits to the Services, and start offering new Services or stop offering old ones. ReadClub reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. If we make material changes that result in a substantial negative impact on your use of our services or if we stop offering a Service, we'll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. You agree that ReadClub will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

2.7 Live Sessions; Safety and Recordings

Live Sessions

ReadClub may offer optional live, instructor-led reading or learning sessions ("Live Sessions") as part of the Services. Live Sessions may be delivered using ReadClub tools or third-party video conferencing platforms. Participation in Live Sessions is optional and may be subject to additional requirements, rules, or eligibility criteria communicated at the time of enrollment.

Parental Responsibility and Learner Safety

Live Sessions are designed for children and require parental consent. Parents or legal guardians are responsible for determining whether Live Sessions are appropriate for their child and for ensuring that their child participates in a safe and appropriate environment. Learners must follow all instructor directions and ReadClub's conduct rules during Live Sessions. ReadClub reserves the right to mute, remove, or suspend any participant whose behavior is disruptive, unsafe, or inconsistent with these Terms.

Learners may not share personal contact information, account credentials, or identifying details during Live Sessions. Parents are encouraged to ensure that display names, backgrounds, and shared materials do not disclose unnecessary personal information.

Class Recordings

Live Sessions may be automatically recorded by ReadClub ("Class Recordings"). Recordings are used for limited educational, quality, safety, and operational purposes, including allowing enrolled learners and parents or legal guardians to review sessions and enabling instructors or ReadClub staff to monitor quality and compliance.

Only parents or legal guardians of enrolled learners, authorized instructors, and ReadClub personnel may access Class Recordings. If your account is affiliated with a school or educational institution, authorized teachers or school administrators may also access Class Recordings for their enrolled students. Participants may not download, copy, screen-record, share, publish, or distribute Class Recordings outside their household.

ReadClub will not use Class Recordings that include identifiable images or voices of learners for marketing or promotional purposes without prior explicit parental consent.

By enrolling a learner in a Live Session, you acknowledge and consent to the learner's participation in Class Recordings for the limited purposes described in these Terms and in accordance with our Privacy Policy and Children's Privacy Notice.

3. Payment Terms

3.1 General

When making a purchase on the ReadClub Platform, you will see your total charges at the time of checkout which will include the purchase price and any other applicable fees and taxes ("Total Price"). All Total Prices are payable in the currency specified on the ReadClub Platform at the time of purchase. Applicable fees may include ReadClub processing fees and applicable taxes (collectively, "Other Fees"), which you are solely responsible for paying. If a Parent disputes any charges you must let ReadClub know within forty-eight (48) hours after the date that ReadClub charges you. ReadClub reserves the right to modify and/or change any additional fees that will be part of Other Fees that ReadClub may charge Users, such as for maintenance purposes and/or Additional Services.

3.2 Subscription and Credits

ReadClub operates on a subscription model with credit-based book activation:

• Subscriptions are billed monthly or annually as selected during sign-up
• Credits are provided with your subscription and can be used to activate books, unlock additional languages, or access Voice Tutor time
• No cash value: Credits have no cash value, are not legal tender, and are non-transferable unless required by law or allowed by us in writing.
• Active subscription required to redeem credits: You may earn or hold credits on your account, but you can only redeem (use) credits while your subscription is active. If your subscription is canceled or lapses, you will not be able to redeem credits.
• What happens when your subscription ends: Any unused credits remain on your account but are not redeemable while your subscription is inactive. If you reactivate your subscription, you may regain the ability to redeem those credits, subject to these Terms and any applicable plan limits.
• Activated content access: Books activated with credits are accessible only while your subscription is active, unless we state otherwise in writing. When your subscription is canceled, book access ends and activated books are deactivated indefinitely at the end of the billing period.
• You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period

Important: You must have an active subscription to use (redeem) credits. If your subscription is inactive, credits cannot be redeemed.

3.3 Refunds

Your purchase may be eligible for refunds in certain circumstances. Refund requests must be submitted within 30 days of purchase. ReadClub reserves the right to determine refund eligibility on a case-by-case basis. Once a book is activated using credits, the credits are considered used and are not refundable.

4. Conditions of Use

4.1 User Conduct and Acceptable Use

ReadClub is designed to provide a safe, respectful, and supportive learning environment for children. Parents and learners are expected to use the Services responsibly and in a manner consistent with educational use.

You agree that neither you nor your learner will:

• Use ReadClub for any purpose other than personal, non-commercial educational use
• Share account credentials or allow unauthorized individuals to access your account
• Upload, share, or display content that is harmful, inappropriate for children, abusive, discriminatory, threatening, or otherwise offensive
• Share personal contact information (such as phone numbers, addresses, email addresses, or social media accounts) during live sessions, chats, or other interactive features
• Disrupt live sessions, interfere with other learners' participation, or ignore instructor or moderator instructions
• Attempt to copy, download, scrape, record, or redistribute ReadClub content, including books, voice recordings, or class recordings, except where explicitly permitted
• Circumvent or attempt to bypass security features, usage limits, or access controls
• Use automated tools, bots, or scripts to access or interact with the Services
• Engage in any activity that violates applicable laws or infringes the rights of others

Parents are responsible for ensuring their child's conduct complies with these rules. ReadClub may monitor activity, remove content, restrict access to features, or suspend or terminate accounts if we determine that conduct violates these Terms or poses a risk to the community.

Nothing in this section limits ReadClub's right to take immediate action when necessary to protect learner safety, privacy, or the integrity of the Services.

4.2 Special Notice for International Use; Export Controls

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

4.3 Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

5. Intellectual Property Rights

5.1 Service Content

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws is property of ReadClub, our affiliates and our partners. Except as expressly authorized by ReadClub, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

5.2 ReadClub Trademarks

The ReadClub name and logos are trademarks and service marks of ReadClub (collectively the "ReadClub Trademarks"). Other product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ReadClub. You should not interpret anything in these Terms or the Service to mean that ReadClub is in any way explicitly or implicitly giving you any license or right to use any of ReadClub Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ReadClub Trademarks is only for ReadClub's exclusive benefit.

5.3 Third Party Material

Under no circumstances will ReadClub be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ReadClub may, but is not required to, pre-screen content, and ReadClub and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service. Without limiting the foregoing, ReadClub and its designees will have the right to remove any content that violates these Terms or is deemed by ReadClub to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Book content is provided by various publishers and is subject to their respective copyrights. ReadClub licenses this content for your personal, non-commercial use as part of your subscription.

5.4 Copyright Complaints

ReadClub respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ReadClub of your infringement claim in accordance with the procedure set forth below.

ReadClub will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ReadClub's Copyright Agent at support@readclub.co (Subject line: "DMCA Takedown Request").

6. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ReadClub has no control over such sites and resources and ReadClub is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ReadClub 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 content, events, goods or services available on or through any such site or resource. The third parties may require you to accept their own terms of use. ReadClub is not a party to those agreements; they are solely between you and the third party. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ReadClub is not liable for any loss or claim that you may have against any such third party.

7. Indemnity and Release

You agree to release, indemnify and hold ReadClub and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of or connection to the Service, any User Content, and/or your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. READCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

READCLUB MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While ReadClub strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not ReadClub. ReadClub does not control the behavior of Users or the quality of the content. As a result, ReadClub cannot guarantee the authenticity, safety, legality, or appropriateness of the content. You release ReadClub from any claims related to content offered through the Services.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT READCLUB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF READCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL READCLUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID READCLUB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

10. Privacy & Children's Data

ReadClub is designed for children and fully complies with the Children's Online Privacy Protection Act (COPPA) and other applicable privacy laws. The protection of children's privacy and personal information is of utmost importance to us.

For detailed information about how we collect, use, store, and protect personal information, including children's data, please review:

• Privacy Policy: Our comprehensive Privacy Policy explains our data collection and processing practices, your rights regarding your personal information, and how we protect data security.
• Children's Privacy Notice: Our Children's Privacy Notice provides specific information about how we handle children's personal information, including our COPPA compliance measures, parental rights, and data retention practices.
• Parental Consent: Before collecting personal information from children under 13, we require verifiable parental consent. Our parental consent mechanism is detailed in our Children's Privacy Notice and is implemented during the account registration process.

By using the Services, you acknowledge that you have reviewed and understood our Privacy Policy and Children's Privacy Notice, and you consent to our data practices as described therein. If you have questions about our privacy practices or wish to exercise your rights regarding personal information, please contact us at support@readclub.co.

11. Termination

11.1 Termination

The relationship between ReadClub and User may be terminated: (i) by User, without cause, upon seven (7) days' prior written notice to ReadClub; or (ii) by either party immediately, without notice, upon the other party's material breach of this Agreement, including but not limited to any breach of Section 3 (Payment Terms) and Section 4 (Conditions of Use). In addition, ReadClub may terminate this Agreement or deactivate your User account or cease offering or deny access to the ReadClub Platform or any portion thereof immediately in the event: (1) you are no longer eligible to qualify as a User; (2) ReadClub has the good faith belief that such action is necessary to protect the safety of the ReadClub community or third parties; or (3) there is suspected fraudulent, abusive or illegal activity, which ReadClub may be referred to appropriate law enforcement authorities.

11.2 Effects of Termination

You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and you acknowledge and agree that ReadClub may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Terminating your account may not affect the availability of some of Your Content that you posted through the Services prior to termination, and you will still have to pay any outstanding fees you owed through the Services. Further, you agree that ReadClub will not be liable to you or any third party for any termination of your access to the Service.

11.3 Discontinued Services

ReadClub may also in its sole discretion and at any time change, suspend or discontinue any of the Service, or any part thereof, to you, any or all users, at any time, for any reason, including those laid out in these Terms, with or without notice. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

11.4 Survival

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

12. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

12.1 Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and ReadClub, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and ReadClub are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND READCLUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS AGREED TO BY READCLUB, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, ONE (1) ARBITRATOR MAY BE APPOINTED TO OVERSEE CONSOLIDATED CLAIMS BROUGHT BY MORE THAN ONE PERSON OR PARTY. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

12.3 Pre-Arbitration Dispute Resolution

ReadClub is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@readclub.co. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ReadClub should be sent to ReadClub, 1321 S 1st St, San Jose, CA 95113 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If ReadClub and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ReadClub may commence an arbitration proceeding.

12.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.

12.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.

12.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

12.7 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.

12.8 Opt Out

You have a limited right to opt out of this Arbitration Agreement (excluding choice of governing law and forum as specified in the General section below). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms during the account creation process. To opt out, you must send a timely email to arbitration@readclub.co with your name, the email address for your account, and your username, and a request to opt out of arbitration. If you validly opt out, neither ReadClub nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you.

13. User Disputes

You agree that you are solely responsible for your interactions with any other User in connection with the Service and ReadClub will have no liability or responsibility with respect thereto. ReadClub reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other User of the Service.

14. Communications

Notices to you may be made via either email or regular mail. You consent to receive communications from ReadClub electronically, which may include email, text, in-app push notices, or by posting notices and messages on ReadClub. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By creating an Account and providing a telephone number to ReadClub, you agree that ReadClub may contact you at the number you provide, potentially using any automated technology (including text (SMS) messages or a pre-recorded message). You may opt-out of receiving text (SMS) messages at any time by updating your preferences in your account settings page or the prompts in the SMS/text.

15. Learner Safety

ReadClub is committed to providing a safe learning environment for children. Under applicable federal and state laws, ReadClub may be required to report to local authorities any suspected case of child abuse or neglect we become aware of during our work with ReadClub students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), "abuse or neglect" is defined as: "any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "an act or failure to act which presents an imminent risk of serious harm." ReadClub may report instances of suspected abuse or neglect as it deems appropriate.

16. General

These Terms constitute the entire agreement between you and ReadClub and govern your use of the Service, superseding any prior agreements between you and ReadClub with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and ReadClub agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.

The failure of ReadClub to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should 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.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms and/or your Account without the prior written consent of ReadClub, but ReadClub may assign or transfer these Terms, in whole or in part, without restriction.

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

17. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at ReadClub, 1321 S 1st St, San Jose, CA 95113 or by email at support@readclub.co.

18. Contact Us

If you have questions about these Terms of Service, please contact us at support@readclub.co.