Terms of Use of DYNAREAD Services

Last modified: 17 DEC 2018

1. WELCOME TO DYNAREAD

A). ESSENTIALS

Thank you for using our product and Services ("Services"). We are DYNAREAD SPECIAL EDUCATION CORPORATION ("Dynaread"), 1670 Salem Road, Cranbrook, BC, Canada. A British Columbia Corporation, Incorporation Number BC0695082.

You may be a private person or be part of an organization (commercial or non-commercial). We strive to be paper-free and keep things easy and uncomplicated. These Dynaread Terms of Use, combined with the Dynaread Privacy Policy constitute the only Agreement or Contract ("Agreement") between you - the User ("User") - and us at Dynaread.

The term "Our Services" includes all that we do and offer, including Dyslexia Screening, Dyslexia Testing, Reviewing and Reporting, Expanded Reporting, Listening and Researching, Coaching and Recommending, Training and Examining, Publishing Online Dyslexia Remediation Curricula, Recommending or Applying Learning Disabilities Customizations, Web-meetings and Webinars, Professional Education Instruction and Courses, Publishing of Knowledge-Base and Library Articles, Referring and Advocacy, and so much more.

The User, you, should carefully read the Agreement before using our Services. This is a legally binding agreement. If you do not agree with the Agreement you should not use Our Services.
If you are using our Services on behalf of a commercial or a non-commercial or a governmental legal entity ("Legal Entity"), that Legal Entity unreservedly accepts the Agreement.

B). THE OBJECTIVE OF DYNAREAD SPECIAL EDUCATION CORPORATION

Help obliterate adolescent low literacy (hereafter "Objective").

By using our Services, and/or paying for our Services you ratify our Terms of Use and Privacy Policy. Please do read them: We have kept them brief.

2. ABOUT OUR SERVICES

A). WE CARE AND OPERATE IN GOOD FAITH

Dynaread exists to help obliterate adolescent low literacy. Though Dyslexia per se is unrelated to Social Economic Status ("SES"), low literacy is more prevalent in lower income SES regimes. We work very hard to keep all of Our Services accessible to as many students as possible, irrespective of financial means or income. We operate in good faith and with our best intentions.

Pricing for Our Services is designed to meet our objective. Our pricing ranges from "below cost" to "commercial profit margins." Actual pricing per client is based on our own judgment as to what allows us best to meet our objective. This means that financially affluent individuals and institutions may find themselves paying more than e.g. a small low budget Inner City Literacy Program or a Single Mother on Welfare. DYNAREAD holds the indisputable right to set pricing on a per client, per arrangement, basis. The User is free to reject or accept our quoted pricing.

Our Objective dictates that we operate within the intrinsic limitations of a lower per-student budget than some other providers. You need to realize this and acknowledge and accept that it is your choice to work with us.

B). DYNAREAD TESTING

Please note that our assessment review assumes that demonstrated reading difficulties are despite adequate instruction, motivation, and intelligence.

The Dynaread Standardized Diagnostic Comparative Analysis (SDCA) of Dyslexia Test, which includes personal review and follow-up, compares results to our reference database covering 25,000 struggling readers. This approach provides us with a significant body of comparative data to base our recommendations upon. Our Expanded Dyslexia Test Reports (an add-on service) are produced for a modest fee and seek to provide the requester with additional information, as well as a presentation more suitable to be submitted to authorities. Please note that full comprehensive Dyslexia Testing through a Specialized Professional is more comprehensive and significantly more expensive.

Dynaread cannot accept responsibility for differences in findings between (i) our testing outcome and recommendations and (ii) formal Specialized Professional Testing.

Reports, comments, recommendations — online, in writing, by phone, through web conference, or any other means — by Dynaread staff do NOT constitute Formal or Professional Advice.

C). DYNAREAD SUITABILITY

Dynaread specializes in dyslexia testing and remediation specifically designed for older struggling readers. Our testing reference data and population starts at age seven. Our remediation program interactions require cognitive and motor skills congruent with a child age seven or older. Remediation of older struggling readers requires specific attention to Learned Helplessness, and increasing levels of distrust towards remediation. Our Services have been specifically designed to address these realities. Dynaread is not suitable for children under seven.

Special Education is custom-work. Customization is expensive. In our drive to strive to help obliterate adolescent low literacy, we have developed testing tools and curricula to serve many children: not just one child. It is and remains your responsibility to determine the suitability of our Services for each individual child.

D). EXPECTED RESULTS

Any remediation is as good as its application.

Dynaread remediation provides easy to use on-screen Walk Me instructions for so-called OnBoarding. It is of the essence that each teacher and each student completes those brief instructions to ascertain that the program is administered in an appropriate fashion.

If you want to have your student(s) reap any benefit at all, you have to commit to at least 20 sessions per month (each session around 25 minutes duration). It is our experience that students who work with the program on a routine day-to-day basis vastly outperform those who do not.

E). WHAT CONSTITUTES AGREEMENT

Using any of our Free-of-Charge Services constitutes your AGREEMENT with our Terms of Use, and our Privacy Policy.

Payment constitutes full accepts of our offered Services, for the price and payment obligations quoted or stated. We do not require a signed document, but instead use your payment as proof of your formal acceptance of our Terms of Use, our offered Services, and the Pricing and Pricing Schedule quoted/offered to you. This applies to both Private, as well as Organizational/Institutional Users.

3. OUR WARRANTIES AND DISCLAIMERS

Regarding our Special Education related Services: Dynaread offers our Special Education related Services using a responsible and commercially reasonable level of skill and care, within the premise of our Objective.

Private Subscriptions may be canceled at any time. Cancellation will result in future payment authorizations to be canceled.
Single payment private enrollment enjoys a 30 day money-back guarantee, after which the original payment is final and non-refundable.
Corporate/Institutional contracts enjoy a 30 day money-back guarantee, after which the original payment is final and non-refundable.

DYNAREAD is permitted to charge an Administration Fee of $50 on refunds of Corporate/Institutional contracts.

For more details, see 11. A FEW REMAINING TERMS.

Special Education is intrinsically a student-specific, customized discipline. Although we do our best to deliver results and apply customizations where possible, Dynaread does not make any specific promises about expected results of using our Services. We cannot accept responsibility for appropriateness of our Services, nor for its ability to meet your needs. We provide our Services “As Is.” Some jurisdictions provide for certain warranties, like the implied warranty of fitness for a particular purpose. Dynaread, to the maximum extent permitted by law, excludes all warranties.

4. LIABILITY

Any damages for which we at Dynaread may be liable shall be limited to the amount the User paid to Dynaread for use of our Services in the previous 12 (twelve) months.

We also need to include the following capitalized paragraphs. In essence these paragraphs state that we do not accept liability for any loss or damage you, your student, or your organization or institution may incur. This goes hand in hand with what we share under “2. ABOUT OUR SERVICES”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, DYNAREAD, OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS (“THE DYNAREAD TEAM”), EXCLUDES LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF USAGE OF, OR INTERACTION WITH--WHETHER DIRECTLY OR INDIRECTLY--OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY CLAIMED OR POTENTIAL LOSS OR DAMAGE SUSTAINED BY THE STUDENT, AND/OR FAMILY, AND/OR INSTUTITION OR ORGANIZATION, WHETHER MATERIAL OR IMMATERIAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, OR ANY OTHER FORM OF DAMAGES.

THE DYNAREAD TEAM EXCLUDES LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY CLAIMED OR POTENTIAL LOSS, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SERVICES AND OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

5. YOUR COMPLIANCE TO THE LAW

Some Countries, States, Provinces, Districts, or Municipalities may have specific laws in place, or incoming, regulating for example requirements for approved allocation of government funds, or requirements for approved specific programs or tests. It is your responsibility to ascertain that your use or purchase of our Services does not violate law.

Some jurisdiction may feature standing or incoming Laws, Regulations, By-Laws, Orders, Criteria or any other requirements on the type of services offered by Dynaread (Our Services). It is the User's responsibility to verify whether or not our Services can be used within the User's jurisdiction. Dynaread cannot and does not claim that our Services are appropriate within the User's jurisdiction.

8. INTELLECTUAL PROPERTY

Regarding our Special Education related Services: Please respect our property. All intellectual property - source code, design templates, work-flows, business processes, art work, images, patented methods, trademarks, all texts - are either Dynaread intellectual property, or used under license by Dynaread.

You are not allowed to copy, distribute, or republish any of the intellectual property of our Service or Site.

You are allowed to make print outs or screen copies for use with your own student(s).

Unsolicited Ideas - Dynaread or any of its employees are not obliged to accept or consider unsolicited ideas. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dynaread's products or marketing strategies might seem similar to ideas submitted to Dynaread. If you voluntarily submit unsolicited ideas or provide user feedback on request, then regardless of what your communication states, our Terms of Feedback (see directly below) shall apply to your submissions.

Terms of Feedback - Dynaread welcomes your feedback regarding Dynaread's products, staff, and services. Any feedback, input, or ideas you provide to Dynaread shall be deemed to be non-confidential (with the exception of details disclosing your identity, student identity, and/or student performance results). Dynaread shall be free to use such information on an unrestricted basis. By submitting your feedback, input, or ideas you voluntarily waive any and all rights to intellectual property contained in your feedback: if this is unacceptable, we expect you to explicitly inform us about your intellectual property rights or claims.

9. ABOUT OUR INPUT OR ADVICE

Our Dynaread officers and full-time or part-time team members author articles, answer questions, and share input in good faith, with a heart to help you, but what we communicate never constitutes nor replaces specific or formal advice.

10. REGARDING PAYMENTS

A). PAYMENT DUE UPON RECEIPT

Payment is due upon receipt of invoice. Why? In our quest to help obliterate adolescent illiteracy and low literacy we are constantly investing, and proper cash flow management helps us do that. Private users enjoy immediate access to our program and services following online payments. Schools and institutions also enjoy immediate access to our program and services from the moment we submit our invoice to you: we do not delay access to our services until your funds are received. These considerations encourage us to operate with a “Payment Due Upon Receipt” policy. We respect delays due to administrative processes, but our terms do not allow you to routinely defer payment until a later date. If your cash flow argues for later payment, then please contact us. We may be able to accommodate you.

B). ONLINE PAYMENTS

Dynaread uses the online collection Services of one of North America's leading Merchant Banks: Chase Paymentech. Chase's online collection services are offered through their integration partner E-Xact.com's hosted payment gateway.

If you have any concerns, we can arrange alternative means of payment for you. It remains your choice and responsibility how you choose to pay, and you remain fully responsible for outstanding dues/fees. as well as any and all consequences of your choice of payment.

11. A FEW REMAINING TERMS

A). PRIVATE SUBSCRIPTIONS

Private subscriptions run for 18 months, after which we consider our Services "fully paid for." After 18 months, your purchased Services remain fully open and supported to you for use by the original student.

Private subscriptions may be canceled any time. Subscription Cancellation will result in no further subscription payments being collected from the cancellation date forward.

Private Single Payment cancellations will result in a full refund, if requested within 30 days following sign-up.

B). CORPORATE/INSTITUTIONAL SUBSCRIPTIONS

Corporate/Institutional subscriptions are licensed for twelve consecutive months.

Corporate/Institutional subscriptions auto-renew unless Dynaread is informed in writing that the subscription is to be canceled upon upcoming Expiry Date.

Corporate/Institutional refunds may be requested within 30 days following sign-up. An account setup and configuration Administration Fee of $50 will be deducted.

C). FURTHER

You agree to use Our Services in a manner consistent with any and all applicable Law, Rules, and Regulations.

You accept that Our Services are provided on an "As Is, As Available" basis.

Dynaread may terminate our Services at any time by communicating our desire to you. Dynaread will in such case terminate active subscription collections, and reimburse all users pro rata for payments made relating to: Private single-payment subscribers, the remaining time in their 18 month purchase term; Corporate/Institutional subscribers, the remaining time in their 12 month licensing term.

Dynaread does collect, process, store, and transmit data obtained from you and about you as you use our Services. We use this data strictly for our own purposes, and in order to be better able to serve you. You may always contact us to request details about data pertaining to you. Contact us at support@dynaread.com. Our Privacy Policy explains our handling of data in more detail.

We may publish posts, exchanges, ideas, comments, or opinions authored by other Users of, or Suppliers to our Site or Services. Please remember that we do not always screen such communications, and that whatever is said may not reflect our own views. We cannot accept responsibility for such communications.

The same applies to links (URL's) and references to web sites or other resources outside Dynaread. We cannot accept responsibility for the contents or quality of services of such other resources.

12. ARBITRATION, SEVERABILITY, AND LAW

A). ARBITRATION

Parties agree to strive to settle, in good faith, any and all disputes, claims, disagreements, or otherwise through Arbitration. Parties agree to mutually identify a single Arbiter, or alternatively a panel of two Arbiters (each selecting one), agreeable to both. Parties further accept that Arbitration may take place through Online Web Conference. Parties agree that the Arbiter's judgment is to be based on, and cannot go beyond, the Terms laid out in these Terms of Use. Parties agree to accept the Arbiter's judgment to be final.

B). SEVERABILITY

In the event that any provision of this Agreement conflicts with the Law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the Parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable Law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.

C). LAW

This Agreement shall be construed and controlled by the substantive Laws of British Columbia, Canada. Parties agree to submit any and all legal proceedings to the Courts of Cranbrook, BC, Canada. Parties acknowledge and accept the aforementioned Jurisdiction and Law.

Please, do read our Privacy Policy as well, as it forms a part our Terms of Use.